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Education  Department   Bulletin 

Published  fortnightly  by  the  University  of  the  State  of  New  York 

Entered  as  second-claM  matter  June  a4.    1908,  at  the  Post  Office  At  Albany,  N.  Y.,  und«r 
the  act  of  July  16,   1894 


No.  499 


ALBANY,  N.  Y. 


July  15, 1911 


EDUCATION  LAW  1910 

AS  AMENDED  TO  JULY  15,  1911 

AKD 

OTHER  LAWS  RELATING  TO  SCHOOLS 
AND  EDUCATION 


Education  law 3 

Appendix  A:     Other  laws  relat- 
ing to  schools 258 

Appendix  B:    Other  laws  relat- 
ing to  the  University 302 


Appendix  C:    Practice  of  profes- 
sions   319 

Index 389 


fJ«Ryv  -  ^^>-.^ 


D4r-Agii-5ooo  (7-7408) 


STATE    OP    NEW    YORK 

EDUCATION  DEPARTMENT 
191 1 


STATE  OF  KE^    yORX  N    <^    I    1 

EDUCATION   DEPARTMENT  \     V  I  i 

Regents  of  the  University 

With  yean  when  terms  expire 

1 913  Whitelaw  Reid  M.A.  LL.D.  D.C.L.  Chancellor  New  York 

1917  St  Clair MgKelway  M.A.  LL.D.Vice  Chancellor  Brooklyn 

1 919  Daniel  Beach  Ph.D.  LL.D.       -----  Watkins 

1 914  Pliny  T.  Sexton  LL.B.  LL.D.    -----  Palmyra 
1 91 2  T.  Guilford  Smith  M.A.  C.E.  LL.D.     -    -    -  Buffalo 

1915  Albert  Vander  Veer  M.D.  M.A.  Ph.D.  LL.D.  Albany 

1922  Chester  S.  Lord  M.A.  LL.D.      -----  New  York 

1918  William  Nottingham  M.A.  Ph.D.  LL.D.  ~    -  Syracuse 

1920  Eugene  A.  Philbin  LL.B.  LL.D.     -    -     -    -  New  York 

1916  Lucian  L.  Shedden  LL.B.  LL.D.    -    -    -    -  Plattsburg 

1921  Francis  M.  Carpenter    -------  Mount  Kisco 

1923  Abram  I.  Elkus  LL.B.    -------  New  York 

Commissioner  of  Education 

Andrew  S.  Draper  LL.B.  LL.D. 

Assi&t^n^  ^O'ia£iis<ioner3 

Augustus  S.,Do.WN.iNG.M , A.. Pd.D^. LL.D.  First  Assistant 
Charles  F'.-WHit-L^Gk'BiS.tL'L'vD.'S^conci  Assistant 
Thomas  E.  Finegan  M.A.  Pd.D,  Third  Assistant 

Director  of  State  Library 

Jambs  I.  Wyer,  Jr,  M.L.S. 

Director  of  Scicoce  and  State  Museum 

John  M.  Clarke  Ph.D.  D.Sc.  LL.D 

Ch!e£9  of  Diyisions 

Administration,  Georgb  M.  Wiley  M.A. 

Attendance,  James  D.  Sullivan 

Educational  Extension,  William  R.  Eastman  M.A.  M.L.S. 

Examinations,  Harlan  H.  Horner  B.A. 

Inspections,  Frank  H.  Wood  M.A. 

Law,  Frank  B.  Gilbert  B.A. 

School  Libraries,  Charles  E.  Fitch  L.H.D. 

Statistics,  Hiram  C.  Case 

Visual  Instruction,  Alfred  W,  Abrams  Ph.B 

Vocational  Schools,  Arthur  D.  Dean  B.S. 


Education   Department  '■■■  BuieW 

Published  fortnightly  by  the  University  of  the  State  of  New  York 

Entered    as    second-class    matter   June    24,    1908,    at   the    Post    Office    at    Albany,    N.    Y., 
under  the  act  of  July  16,  1894 

No.  499  ALBANY,  N.  Y.  July  15,  191 1 

EDUCATION  LAW 

AS  AMENDED  TO  JULY  15,  19" 

rNoTE. —  The  Education  Law  of  1910  amends  the  entire  Education  Law  of  1909 
and  is  a  substitute  therefor.  The  amendments  of  1910  and  1911  are  inserted  in 
their  proper  places.  At  the  end  of  the  schedule  of  repeals  of  the  Education  Law  a 
table  showin.i?  where  the  sections  of  the  Education  Law  of  1909  may  be  found  in  the 
EducatioQ  Law  of  1010  is  inserted.] 

L.  1910,  Chap.  140  —  K^  ACT  to  amend  the  education  law, 

generally. 

[In  effect  April  22,  1910] 

Tine  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  twenty-one  of  the  laws  of  nineteen  hundred 
and  nine,  entitled  ''An  act  relating  to  education,  constituting 
chapter  sixteen  of  the  consolidated  laws,"  is  hereby  amended  to 
read  as  follows : 

CHAPTER  16  OF  THE  CONSOLIDATED  LAWS 

EDUCATION  LAW 

.Article    1.  Short  title  and  definitions   (§§  1,  2). 

2.  Education  department  (§§  20-27). 

3.  University  (§§  40-69). 

4.  Commissioner  of  education  (§§  90-99). 

5.  School  districts   (§§  120-154). 

6.  School  neighborhoods  (§§  170-172). 

7.  District  meetings  (§§  190-207). 

8.  School  district  officers;  general  provisions   (§§   220- 

236). 

9.  District  clerk,  treasurer,  collector  (§§  250-257). 

10.  Trustees  (§§  270-285). 

11.  Boards  of  education  (§§  300-328). 

12.  Town  clerks  (§§  340,  341). 

13.  Supervisors  (§§  360-365). 

14.  District  superinrendent  of  schools ;  his  election,  powers 

and  duties  (§§  380-398). 

15.  Assessment  and  collection  of  taxes   (§§  410-440). 

16.  School  buildings  and  sites   (§§  450-467). 

17.  School  district  bonds  (§  480). 


•  ••  > 


'4:  ?•'♦  >J{.,|*^SJ^    YplHj:    StATE    EDUCATION    DEPARTMENT 

Article  18.  School  moneys  (§§  490-502). 

19.  Truste  for  schools ;  gospel  and  school  lots  (§§  520^-528) . 

20.  Teachers  and  pupils  (§§  550-567). 

21.  Contract  system  (§§  580-586). 

22.  General  industrial  schools,  trade  schools,   and  school 
;  of   agriculture,  mechanic   arts   and   home  making 

(§§  600-607). 

23.  Compulsory  education   (§§  620-636). 

24.  School  census  (§§  650-654). 

25.  Text-hooks  (§§  670-673). 

26.  Physiology  and  hygiene  (§§  690,  691). 
*      .       27.  The  flag^(§§  710-713). 

28.  Fire  drills  (§§  730-733). 

29.  Arbor  day  (§§  750-752). 

30.  Teachers'  institute  (§§  770-775).       . 

31.  Training  classes  (§§  790-794). 

32.  ISTormal  schools;  state  normal  college   (§§  810-833). 

33.  Fines;  penalties;  forfeitures  and  costs  (§§  850-862). 

34.  Appeals   or   petitions   to   commissioner    of    education 

(§§  880-882). 

35.  Orphan  schools  (§§  900-902). 

36.  Schools  for  colored  children  (§§  920-922). 

37.  Indian  schools  (§§  940-954). 

38.  Instruction  of  deaf  mutes  and  of  the  blind  (§§  970- 

980). 

39.  :N'ew  York  state  school  for  the  blind  (§§  990-1012). 

40.  Cornell  university  (§§  1030-1039). 

41.  State  school   of  agriculture   at   Saint  Lawrence  uni- 

versity (§§  1050-1053). 

42.  State    school    of    agriculture    at    Alfred    university 

(§§  1070-1072). 
42-A.   State  school  of  agriculture  at  Cobleskill  (§§  1075- 
1078). 

43.  State  school  of  agriculture  at  Morrisville  (§§  1090- 

1093). 
43-A.  Retirement  fund  for  teachers  in  state  institutions 

(§§  10'95-1099). 
43-B.  State  teachers'    retirement  fund   for  public   school 

teachers  (§§  1100-1109-b). 

44.  Libraries  (§§  1110-1141). 

45.  Court  libraries  (§§  1160-1180). 

46.  Laws    repealed;   saving   clause;   when   to   take  effect 

(§§  1190-1192). 


EDUCATION    LAW  5 

Article  44.  Libraries  (§§  1110-1141). 

45.  Court  libaries   (§§   1160-1180). 

46.  Laws   repealed;   saving   clause;    when  to   take   effect 

(§§  1190-1192). 

ARTICLE  1 
Sliort  Title  and  Definitions 

Section  1.  Short  title. 
2.  Definitions. 

§  1.  Short  title.  This  chapter  shall  be  known  as  the  '' Edu- 
cation Law." 

§  2.  Definitions.  As  used  in  this  chapter,  the  following 
specified  terms  mean  as  here  defined. 

1.  Academy.  The  term  "  academy ''  means  an  incorporated 
institution  for  instruction  in  secondary  education,  and  such  high 
schools,  academic  departments  in  union  schools  and  similar  unin- 
corporated schools  as  are  admitted  by  the  regents  to  the  university 
as  of  academic  grades. 

2.  College.  The  term  "  college "  includes  universities  and 
other  institutions  for  higher  education  authorized  to  confer  degrees. 

3.  University.  The  term  ''  university  "  means  the  university 
of  the  state  of  ISTew  York. 

4.  Regents.  The  term  ^^  regents ''  means  board  of  regents  of 
the  university  of  the  state  of  ^ew  York. 

5.  Commissioner.  The  term  "  commissioner  "  means  commis- 
sioner of  education. 

6.  School  commissioner.  The  term  "  school  commissioner " 
means  the  local  officer  provided  for  in  article  fourteen. 

Y.  Secondary  education.  The  term  ^^  secondary  education " 
means  instruction  of  academic  grades,  between  the  elementary 
grades  and  the  college  or  university. 

8.  Higher  education.  The  term  "  higher  education "  means 
education  in  advance  of  secondary  education,  and  includes  the 
work  of  colleges,  universities,  professional  and  technical  schools, 
and  educational  work  connected  with  libraries,  museums,  uni- 
versity and  educational  extension  courses  and  similar  agencies. 

9.  Trustee.  The  term  "  trustees,'^  when  not  used  in  reference 
to  a  school  district,  includes  directors,  managers  or  other  similar 
members  of  the  governing  board  of  an  educational  institution. 

10.  Parental  relation.  The  term  "  persons  in  parental  rela- 
tion "  to  a  child  includes  the  parents,  guardians  or  other  persons, 

243680 


6  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

whether  one  or  more,  lawfully  having  the  care,  custody  or  control 
of  such  child. 

11.  Compulsory  school  ages.  The  term  "  child  of  compulsory 
school  age ''  means  any  child  between  seven  and  sixteen  years  of 
age  lawfully  required  to  attend  upon  instruction. 

12.  School  authorities.  The  term  "  school  authorities  "  means 
the  trustees,  or  board  of  education,  or  corresponding  officers, 
whether  one  or  more,  and  by  whatever  name  known,  of  a  city, 
or  school  district  however  created. 

13.  School  officer.  The  term  "  school  officer  '^  means  a  clerk, 
collector,  or  treasurer  of  any  school  district;  a  trustee  or  member 
of  a  board  of  education  or  other  body  in  control  of  the  schools  by 
whatever  name  known  in  a  union  free  school  district  or  in  a  city; 
a  superintendent  of  schools;  a  truant  officer;  a  school  commis- 
sioner ;  or  other  elective  or  appointive  officer  in  a  school  district  or 
city  whose  duties  generally  relate  to  the  administration  of  affairs 
connected  with  the  public  school  system. 

14.  Board  of  education.  The  term  "  board  of  education  "  shall 
include  by  whatever  name  known  the  governing  body  charged  with 
the  general  control,  management  and  responsibility  of  the  schools 
of  a  union  free  school  district  or  of  a  city. 

ARTICLE  2 
Education  Department 

Section  20.  Education  department. 

21.  Divisions  of  department. 

22.  Assistant  commissioners. 

23.  Other  officers  and  employees. 

24.  Removals  and  suspensions. 

25.  Joint  seal. 

26.  Reports  to  the  legislature. 

27.  State  education  building. 

§  20.  Education  department.  The  education  depart- 
ment is  hereby  continued  and  shall  be  under  the  legislative  di- 
rection of  the  regents  and  the  executive  direction  of  the  commis- 
sioner of  education,  who  is  made,  by  section  ninety-four  of  this 
act,  the  chief  executive  officer  of  the  state  system  of  education 
and  of  the  regents.  The  said  department  is  charged  with  the 
general  management  and  supervision  of  all  public  schools  and  all 
of  the  educational  work  of  the  state,  including  the  operations  of 
the  university  of  the  state  of  [N'ew  York. 


EDUCATION    LAW  7 

§  21.  Divisions  of  department.  By  concurrent  action  of 
the  regents  and  the  commissioner  of  education  the  department 
may  be  divided  into  divisions.  By  like  action  nev^  divisions  may 
be  created  and  existing  divisions  may  be  consolidated  or  abolished, 
and  the  administrative  work  of  the  department  assigned  to  the 
several  divisions. 

§  22.  Assistant  commissioners.  The  commissioner  of 
education  shall  appoint,  subject  to  the  approval  of  the  regents, 
such  assistant  commissioners  as  he  shall  deem  necessary  for  the 
proper  organization  and  general  classification  of  the  work  of  the 
department,  and  assign  to  such  assistant  commissioners  the  work 
which  shall  be  under  their  respective  supervision. 

§  23.  Other  officers  and  employees.  The  commissioner 
of  education,  subject  to  the  approval  of  the  regents,  shall  have 
power,  in  conformity  with  their  rules,  to  appoint  all  other  needed 
officers  and  employees  and  fix  their  titles,  duties  and  salaries. 

§  24.  Removals  and  suspensions.  With  the  approval  of 
the  regents,  the  commissioner  of  education  may,  at  his  pleasure, 
remove  from  office  any  assistant  commissioner,  or  other  appointive 
officer  or  employee ;  and,  when  the  regents  are  not  in  session,  the 
commissioner  may,  during  his  pleasure,  suspend,  without  salary, 
any  such  officer  or  employee,  but  not  longer  than  till  the  adjourn- 
ment of  the  succeeding  meeting  of  the  regents. 

§  25.  Joint  seal.  The  regents  of  the  university  and  the 
commissioner  of  education  shall  together  adopt,  and  may  modify 
at  any  time,  a  seal,  which  shall  be  used  in  common  as  the  seal 
of  the  education  department  and  of  the  university;  and  copies 
of  all  records  thereof  and  of  all  acts,  orders,  decrees  and  decisions 
made  by  the  regents  or  by  the  commissioner  of  education,  and  of 
their  official  papers,  and  of  the  drafts  or  machine  copies  of  any 
of  the  foregoing,  may  be  authenticated  under  the  said  seal  and 
shall  then  be  evidence  equally  with  and  in  like  manner  as  the 
originals. 

§  26.  Reports  to  the  legislature.  The  commissioner  of 
education  shall  annually  prepare  a  report  of  the  education  depart- 
ment, including  the  university,  which  shall  be  transmitted  to  the 
legislature  over  the  signatures  of  the  chancellor  of  the  university 
and  of  the  commissioner  of  education.  At  their  pleasure,  the  re- 
gents or  tlie  commissioner  of  education  may  make  other  reports 
and  communications  to  the  legislature.  Such  portions  of  their 
annual  or  other  reports  or  communications  as  the  commissioner 


8  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

or  the  regents  shall  desire  for  such  use  shall  be  printed  by  the 
state  printer  as  bulletins. 

§  27.  State  education  building.  After  the  completion 
of  the  state  education  building,  it  shall  be  occupied  exclusively 
by  the  education  department,  including  the  university,  with  the 
state  library,  the  state  museum,  and  its  other  departments,  to- 
gether with  such  other  work  with  w^hich  the  commissioner  of  edu- 
cation and  the  regents  have  official  relations,  as  they  may,  in  their 
discretion,  provide  for  therein;  and  such  building  and  the  offices 
of  such  department  shall  be  maintained  at  state  expense. 

ARTICLE  3 
University  of  the  State  of  New  York 

Section  40.  Corporate  name  and  objects. 

41.  Eegents. 

42.  Officers. 

43.  Meetings  and  absences. 

44.  Quorum. 

45.  Authority  to  take  testimony. 

46.  Legislative  power. 

47.  General  examinations,  credentials  and  degrees. 

48.  Academic  examinations. 

49.  Admission  and  fees. 

50.  Registrations. 

51.  Supervision  of  professions. 

52.  Extension  of  educational  facilities. 

53.  Departments  and  their  government. 

54.  State  museum ;  how  constituted. 

55.  Collections  made  by  the  staff. 

56.  Indian  collection. 

57.  Institutions  in  the  university. 

58.  Visitation  and  reports. 

59.  Charters. 

60.  Provisional  charters. 

61.  Conditions  of  incorporation. 

62.  Chans'e  of  name  or  charter. 

63.  Dissolution  and  rechartering.    [Repealed  by  L.  1911, 

ch.  860.] 
63.  Liquidation  of  •  educational   institutions.      [Inserted 
by  L.  1911,  ch.  860.] 


EDUCATION    LAW  9 

Section   64.  Dissolution  of  incorporated  academy  by  stockholders. 
65.   Suspension  of  operations. 
6Q,  Prohibitions.  -' 

67.  Unlawful  acts  in  respect  to  examinations. 

68.  Powers  of  trustees  of  institutions. 

69.  Colleges  may  construct  water-works  and  sewer  sys- 

tems. 

§  40.  Corporate  name  and  objects.  The  corporation 
created  in  the  year  seventeen  hundred  and  eighty-four  under  the 
name  of  the  Regents  of  the  university  of  the  state  of  'New  York, 
is  hereby  continued  under  the  name  of  the  university  of  the  state 
of  New  York.  Its  objects  shall  be  to  encourage  and  promote  edu- 
cation, to  visit  and  inspect  its  several  institutions  and  depart- 
ments, to  distribute  to  or  expend  or  administer  for  them  such 
property  and  funds  as  the  state  may  appropriate  therefor  or  as 
the  university  may  own  or  hold  in  trust  or  otherwise,  and  to  per- 
form such  other  duties  as  may  be  intrusted  to  it. 

§  41.  Regents.  The  university  shall  be  governed  and  all 
its  corporate  powers  exercised  by  a  board  of  regents  whose  members 
shall  at  all  times  be  three  more  than  the  then  existing  judicial  dis- 
tricts of  the  state.  The  regents  now  in  office  and  those  hereafter 
elected  shall  hold,  in  the  order  of  their  election,  for  such  times  that 
the  term  of  one  regent  will  expire  in  each  year  on  the  first  day  of 
April,  and  his  successor  shall  be  chosen  in  the  second  week  of  the 
preceding  February,  on  or  before  the  fourteenth  day  of  such  month. 
Such  election  shall  be  in  the  manner  provided  by  law  for  the  election 
of  senators  in  congress.  All  vacancies,  either  for  full  or  unexpired 
terms,  shall  be  so  filled  that  there  shall  always  be  in  the  member- 
ship of  the  board  of  regents  at  least  one  resident  of  each  of  the 
judicial  districts.  A  vacancy  in  the  office  of  regent  for  other 
cause  than  expiration  of  term  of  service  shall  be  filled  for  the  un- 
expired term  by  an  election  at  the  session  of  the  legislature  imme- 
diately following  such  vacancy,  unless  the  legislature  is  in  session 
when  such  vacancy  occurs,  in  which  case  the  vacancy  shall  be 
filled  by  such  legislature.  There  shall  be  no  ^^  ex-officio  "  members 
of  the  board  of  regents.  No  person  shall  be  at  the  same  time  a 
regent  of  the  university  and  a  trustee,  president,  principal  or  any 
other  officer  of  an  institution  belonging  to  the  university. 

§  42.  Officers.  The  elective  officers  of  the  university  shall 
be   a   chancellor   and   a   vice-chancellor   who   shall   serve  without 


3.0  N^EW   YORK   STATE   EDUCATION   DEPARTMENT 

salary,  and  such  other  officers  as  are  deemed  necessary  by 
the  regents,  all  of  whom  shall  be  chosen  by  ballot  by  the  regents 
and  shall  hold  office  during  their  pleasure ;  but  no  election,  removal 
or  change  of  salary  of  an  elective  officer  shall  be  made  by  less 
than  six  votes  in  favor  thereof.  Each  regent  and  each  elective 
officer  shall,  before  entering  on  his  duties,  take  and  file  with  the 
secretary  of  state  the  oath  of  office  required  of  state  officers. 

The  chancellor  shall  preside  at  all  convocations  and  at  all  meet- 
ings of  the  regents,  and  confer  all  degrees  which  they  shall  author- 
ize. In  his  absence  or  inability  to  act,  the  vice-chancellor,  or  if  he 
be  also  absent,  the  senior  regent  present,  shall  perform  all  the  du- 
ties and  have  all  the  powers  of  the  chancellor. 

§  43.  Meetings  and  absences.  The  regents  may  provide 
for  regular  meetings,  and  the  chancellor,  or  the  commissioner  of 
education,  or  any  five  regents,  may  at  any  time  call  a  special  meet- 
ing of  the  board  of  regents  and  fix  the  time  and  place  therefor ;  and 
at  least  ten  days'  notice  of  every  meeting  shall  be  mailed  to  the 
usual  address  of  each  regent.  If  any  regent  shall  fail  to  attend 
three  consecutive  meetings,  without  excuse  accepted  as  satisfactory 
by  the  regents,  he  may  be  deemed  to  have  resigned  and  the  regents 
shall  then  report  the  vacancy  to  the  legislature,  which  shall  fill  it. 

§  44.  Quorum.  Seven  regents  attending  shall  be  a  quorum 
for  the  transaction  of  business. 

§  45.  Authority  to  take  testimony.  The  regents,  any 
committee  thereof,  the  commissioner  of  education  and  any  assist- 
ant commissioner  of  education  may  take  testimony  or  hear  proofs 
relating  to  their  official  duties,  or  in  any  matter  which  they  mav 
lawfully  investigate. 

§  46.  Legislative  power.  Subject  and  in  conformity  to 
the  constitution  and  laws  of  the  state,  the  regents  shall  exercise 
legislative  functions  concerning  the  educational  system  of  the 
state,  determine  its  educational  policies,  and  except  as  to  the 
judicial  functions  of  the  commissioner  of  education  establish  rules 
for  carrying  into  effect  the  laws  and  policies  of  the  state,  relating 
to  education,  and  the  powers,  duties  and  trusts  conferred  or 
charged  upon  the  university.  But  no  enactment  of  the  regents 
shall  modify  in  any  degree  the  freedom  of  the  governing  body  of 
any  seminary  for  the  training  of  priests  or  clergymen  to  deter- 
mine and  regulate  the  entire  course  of  religious,  doctrinal  or  theo- 
logical instruction  to  be  given  in  such  institution.  I^o  rule  by 
which  more  than  a  majority  vote  shall  be  required  for  any  speci- 


EDUCATIOI^    LAW  11 

fied  action  by  the  regents  shall  be  amended,  suspended  or  repealed 
by  a  smaller  vote  than  that  required  for  action  thereunder. 

§  47.  General  examinations,  credentials  and  de- 
grees. The  regents  may  confer  by  diploma  under  their  seal 
such  honorary  degrees  as  they  may  deem  proper,  and  may  estab- 
lish examinations  as  to  attainments  in  learning,  and  may  award 
and  confer  suitable  certificates,  diplomas  and  degrees  on  persons 
who  satisfactorily  meet  the  requirements  prescribed. 

§  48.  Academic  examinations.  The  regents  shall  estab- 
lish in  the  secondary  institutions  of  the  university,  examinations 
in  studies  furnishing  a  suitable  standard  of  graduation  there- 
from and  of  admission  to  colleges,  and  certificates  or  diplomas 
shall  be  conferred  by  the  regents  on  students  who  satisfactorily 
pass  such  examinations. 

§  49.  Admission  and  fees.  Any  person  shall  be  admit- 
ted to  these  examinations  who  shall  conform  to  the  rules  and 
pay  the  fees  prescribed  by  the  regents. 

§  50.  Registrations.  The  regents  may  register  domestic 
and  foreign  institutions  in  terms  of  'New  York  standards,  and  fix 
the  value  of  degrees,  diplomas  and  certificates  issued  by  institu- 
tions of  other  states  or  countries  and  presented  for  entrance  to 
schools,  colleges  and  the  professions  in  this  state. 

§  51.  Supervision  of  professions.  Conformably  to  law 
the  regents  may  supervise  the  entrance  requirements  to  and  the 
licensing  and  practice  of  the  professions  of  medicine,  dentistry, 
veterinary  medicine,  pharmacy  and  optometry,  and  also  supervise 
the  certification,  of  nurses  and  public  accountants. 

§  52.  Extension  of  educational  facilities.  The  re- 
gents may  extend  to  the  people  at  large  increased  educational  op- 
portunities and  facilities,  stimulate  interest  therein,  recommend 
methods,  designate  suitable  teachers  and  lecturers,  conduct  ex- 
aminations and  grant  credentials,  and  otherwise  organize,  aid  and 
conduct  such  work.  And  the  regents,  and  with  their  approval  the 
commissioner  of  education,  may  buy,  sell,  exchange  and  receive 
by  will,  or  other  gift,  or  on  deposit,  books,  pictures,  statuary  or 
other  sculptured  work,  lantern  slides,  apparatus,  maps,  globes, 
and  any  articles  or  collections  pertaining  to  or  useful  in  and  to 
any  of  the  departments,  divisions,  schools,  institutions,  associa- 
tions or  other  agencies,  or  work,  under  their  supervision,  or  con- 
trol, or  encouragement,  and  may  lend  or  deposit  any  such  articles 
in  their  custody  or  control,  when  or  where  in  their  judgment 


12  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

compensating  educational  usefulness  will  result  therefrom;  and 
may  also,  from  time  to  time,  enter  into  contracts  desirable  for 
carrying  into  effect  the  foregoing  provisions. 

§  53.  Departments  and  their  government.  The  state 
library  and  state  museum  shall  be  departments  of  the  university, 
and  the  regents  may  establish  such  other  departments  and  di- 
visions therein  as  they  shall  deem  useful  in  the  discharge  of  their 
duties. 

§  54.  State  museum;  how  constituted.  All  scientific 
specimens  and  collections,  works  of  art,  objects  of  historic  inter- 
est and  similar  property  appropriate  to  a  general  museum,  if 
owned  by  the  state  and  not  placed  in  other  custody  by  a  specific 
law,  shall  constitute  the  state  museum,  and  one  of  its  officers  shall 
annually  inspect  all  such  property  not  kept  in  the  state  museum 
rooms,  and  the  annual  report  of  the  museum  to  the  legislature 
shall  include  summaries  of  such  property,  with  its  location,  and 
any  needed  recommendations  as  to  its  safety  or  usefulness.  The 
state  museum  shall  include  the  work  of  the  state  geologist  and 
paleontologist,  the  state  botanist  and  the  state  entomologist,  who, 
with  their  assistants,  shall  be  included  in  the  scientific  staff  of  the 
state  museum. 

§  55.  Collections  made  by  the  staff.  Any  scientific 
collection  made  by  a  member  of  the  museum  staff  during  his 
term  of  office  shall,  unless  otherwise  authorized  by  resolution  of 
the  regents,  belong  to  the  state  and  form  part  of  the  state  museum. 

§  56.  Indian  collection.  There  shall  be  made,  as  the 
Indian  section  of  the  state  museum,  as  complete  a  collection  as 
practicable  of  the  historical,  ethnographic  and  other  records  and 
relics  of  the  Indians  of  the  state  of  New  York,  including  imple- 
ments or  other  articles  pertaining  to  their  domestic  life,  agricul- 
ture, the  chase,  war,  religion,  burial  and  other  rites  or  customs, 
or  otherwise  connected  with  the  Indians  of  New  York. 

§  57.  Institutions  in  the  university.  The  institu- 
tiors  of  the  university  shall  include  all  secondary  and  higher 
educational  institutions  which  are  now  or  may  hereafter  be  in- 
corporated in  this  state,  and  such  other  libraries,  museums,  in- 
stitutions, schools,  organizations  and  agencies  for  education  as 
may  be  admitted  to  or  incorporated  by  the  university.  The 
regents  may  exclude  from  such  membership  any  institution  fail- 
ing to  comply  with  law  or  with  any  rule  of  the  university. 


EDUCATION    LAW  13 

§  58.  Visitation  and  reports.  The  regents,  or  the  com- 
missioner of  education,  or  their  representatives,  may  visit,  exam- 
ine into  and  inspect,  any  institution  in  the  university  and  any 
school  or  institution  under  the  educational  supervision  of  the 
state,  and  may  require,  as  often  as  desired,  duly  verified  reports 
therefrom  giving  such  information  and  in  such  form  as  the  regents 
or  the  commissioner  of  education  shall  prescribe.  For  refusal  or 
continued  neglect  on  the  part  of  any  institution  in  the  university 
to  make  any  report  required,  or  for  violation  of  any  law  or  any 
rule  of  the  university,  the  regents  may  suspend  the  charter  or  any 
of  the  rights  and  privileges  of  such  institution. 

§  59.  Charters.  Under  such  name,  with  such  number  of 
trustees  or  other  managers,  and  with  such  powers,  privileges  and 
duties,  and  subject  to  such  limitations  and  restrictions  in  all 
respects  as  the  regents  may  prescribe  in  conformity  to  law,  they 
may,  by  an  instrument  under  their  seal  and  recorded  in  their 
office,  incorporate  any  university,  college,  academy,  library,  mu- 
seum, or  other  institution  or  association  for  the  promotion  of 
science,  literature,  art,  history  or  other  department  of  knowledge, 
or  of  education  in  any  way,  associations  of  teachers,  students, 
graduates  of  educational  institutions,  and  other  associations  whose 
approved  purposes  are,  in  whole  or  in  part,  of  educational  or  cul- 
tural value  deemed  worthy  of  recognition  and  encouragement  by 
the  university.  'No  institution  or  association  which  might  be  in- 
corporated by  the  regents  under  this  chapter  shall,  without  their 
consent,  be  incorporated  under  any  other  general  law. 

§  60.  Provisional  charters.  On  evidence  satisfactory 
to  the  regents  that  the  conditions  for  an  absolute  charter  will  be 
met  within  a  prescribed  time,  they  may  grant  a  provisional 
charter  which  shall  be  replaced  by  an  absolute  charter  when  the 
conditions  have  been  fully  met ;  otherwise,  after  the  specified  time, 
on  notice  from  the  regents  to  this  effect,  the  provisional  charter 
shall  terminate  and  become  void  and  shall  be  surrendered  to  the 
regents.  No  such  provisional  charter  shall  give  power  to  confer 
degrees. 

§61.  Conditions  of  incorporation.  ^N^o  institution  shall 
be  given  power  to  confer  degrees  in  this  state  unless  it  shall  have 
resources  of  at  least  five  hundred  thousand  dollars ;  and  no  insti- 
tution for  higher  education  shall  be  incorporated  without  suitable 
provision,  approved  by  the  regents,  for  educational  equipment  and 
proper  maintenance.     No  institution  shall  institute  or  have  any 


14  JSTEW   YORK   STATE    EDUCATION   DEPARTMENT 

faculty  or  department  of  education  in  any  place  or  be  given  power 
to  confer  any  degree  not  specifically  authorized  by  its  charter ;  and 
no  corporation  shall,  under  authority  of  any  general  act,  extend 
its  business  to  include  establishing  or  carrying  on  any  educational 
institution  or  work,  without  the  consent  of  the  board  of  regents. 

§  62.  Change  of  name  or  charter.  1.  The  regents 
may,  at  any  time,  for  sufficient  cause  by  an  instrument  under  their 
seal  and  recorded  in  their  office,  change  the  name,  or  alter,  sus- 
pend or  revoke  the  charter  or  incorporation  of  any  in- 
stitution which  they  might  incorporate  under  section 
fifty-nine,  if  subject  to  their  visitation  or  chartered  or 
incorporated  by  the  regents  or  under  a  general  law;  provided 
that,  unless  on  unanimous  request  of  the  trustees  of  the  institu- 
tion, no  name  shall  be  changed  and  no  charter  shall  be  altered,  nor 
shall  any  rights  or  privileges  thereunder  be  suspended  or  repealed 
by  the  regents,  till  they  have  mailed  to  the  usual  address  of  every 
trustee  of  the  institution  concerned  at  least  thirty  days'  notice 
of  a  hearing  when  any  objections  to  the  proposed  change  will  be 
considered,  and  till  ordered  by  a  vote  at  a  meeting  of  the  regents 
for  which  the  notices  have  specified  that  action  is  to  be  taken  un 
the  proposed  change. 

2.  Any  notice  to  a  trustee  whose  address  is  not  readily  ascer- 
tainable, may  be  mailed  to  him  in  care  of  the  institution. 

§  63.  Dissolution  and  rechartering.  [Repealed  hy  L. 
1911,  ch,  860.] 

§  63.  Liquidation  of  educational  institutions. 
Whenever  any  educational  corporation  subject  to  the  visitation  of 
the  regents,  chartered  or  incorporated  by  the  regents  or  under  a 
general  law,  shall  cease  to  act  in  its  corporate  capacity,  or  shall  have 
its  charter  revoked  by  the  regents,  it  shall  be  lawful  for  the  supreme 
court  of  this  state,  upon  the  application  of  the  majority  of  the 
trustees  thereof,  in  case  said  court  shall  deem  it  proper  so  to  do, 
to  order  and  decree  a  dissolution  of  such  educational  corporation, 
and  for  that  purpose  to  order  and  direct  a  sale  and  conveyance 
of  any  and  all  property  belonging  to  such  corporation,  and  after 
providing  for  the  ascertaining  and  payment  of  the  debts  of  such 
corporation,  and  the  necessary  costs  and  expenses  of  such  sale  and 
proceedings  for  dissolution,  so  far  as  the  proceeds  of  such  sale 
shall  be  sufficient  to  pay  the  same,  such  court  may  order  and  direct 
any  surplus  of  such  proceed;;  remaining  after  payment  of  such 
debts,  costs  and  expenses,  to  be  devoted  and  applied  to  any  such 


EDUCATION    LAW  l5 

educational,  religious,  benevolent,  charitable  or  other  objects  or 
purposes  as  the  said  trustees  may  indicate  by  their  petition  and  the 
said  court  may  approve. 

Such  application  to  said  court  shall  be  made  by  petition,  duly 
verified  by  said  trustees,  which  petition  shall  state  the  particular 
reason  or  causes  why  such  sale  and  dissolution  are  sought;  the 
situation,  condition  and  estimated  value  of  the  property  of  said 
corporation,  and  the  particular  object  or  purposes  to  which  it  is 
proposed  to  devote  any  surplus  of  the  proceeds  of  such  property; 
and  such  petition  shall,  in  all  cases,  be  accompanied  with  proof 
that  notice  of  the  time  and  place  of  such  intended  application  to 
said  court  has  been  duly  published  once  in  each  week  for  at  least 
four  weeks  successively,  next  preceding  such  application,  in  a 
newspaper  published  in  the  county  where  such  corporation  is 
located. 

In  case  there  shall  be  no  trustees  of  such  educational  corporation 
residing  in  the  county  in  which  such  corporation  is  located,  such 
application  may  be  made  and  such  proceedings  taken  by  the  board 
of  regents  of  the  university  of  the  state  of  ^^ew  York.  This 
section  shall  not  apply  to  the  dissolution  of  an  academy  incorpo- 
rated under  the  laws  of  this  state  and  having  a  capital  stock. 
[Inserted  hy  L.  1911,  ch,  860.] 

§  64.   Dissolution     of     incorporated     academy     by 
stockholders.      1.  Meeting   to   consider   application   for   dis- 
solution, when  to  be  called.    The  trustees  of  any  academy  incorpo- 
rated under  the  laws  of  this  state  and  having  a  capital  stock,  may, 
and  upon  the  written  application  of  any  person  owning  or  law- 
fully holding  one-third   of  the   said   capital   stock,    must  call   a 
general  meeting  of  the  stockholders  of  the  said  academy,  as  here- 
inafter provided,  for  the  purpose  of  determining  whether  or  not 
such  incorporated  academy  shall  surrender  its  charter  and  be  dis- 
solved and  its  property  distributed  among  the  stockholders  thereof. 
2.  Notice  thereof,  how  published.     The  notice  for  such  general 
meeting  must  state  the  object  thereof  and  be  subscribed  by  the 
chairman  or  other  acting  presiding  officer  and  the  secretary  or 
acting  secretary  of  the  said  corporation  or  board  of  trustees;  it 
shall  be  published  once  a  week  for  three  successive  weeks  prior  to 
such  meeting  in  a  daily  or  weekly  newspaper  published  in  the 
place  where  the  said  academy  is  located;  or  if  there  be  no  such 
paper,  then   in  a  daily  or  weekly  paper   published  within  the 
county,  if  there  be  one,  or,  if  not,  in  an  adjoining  county  to  that 
in  which  such  academv  is  located. 


16  KEW   YORK   STATE   EDUCATION   DEPARTMENT 

3.  Vote  requisite  for  surrender  of  charter  and  dissolution. 
Whenever,  at  a  meeting  of  the  stockholders  called  as  hereinbefore 
provided,  any  person  or  persons  holding  or  qualified  to  vote  upon 
a  majority  of  the  capital  stock  of  such  incorporated  academy  shall 
vote  to  surrender  the  charter  thereof  and  to  dissolve  the  corpora- 
tion, the  trustees  of  such  academy,  or  a  majority  of  them,  must 
make  and  sign  a  certificate  of  such  action,  cause  the  same  to  be 
properly  attested  by  the  officers  of  the  corporation  and  file  the 
same,  together  with  a  copy  of  the  published  notice  for  the  meet- 
ing at  which  such  action  was  taken,  and  due  proof  of  the  pub- 
lication thereof,  in  the  office  of  the  board  of  regents  of  the  univer- 
sity of  the  state  of  'New  York  and  thereupon,  if  the  said  proceed- 
ings shall  have  been  regularly  conducted  as  above  prescribed,  the 
charter  of  said  corporation  shall  be  deemed  to  be  surrendered  and 
the  said  corporation  dissolved. 

4".  Powers  of  trustees  of  academies  upon  dissolution.  Upon  the 
dissolution  of  such  incorporated  academy,  as  herein  provided, 
the  trustees  thereof  shall  forthwith  become  and  be  trustees  of  the 
creditors  and  stockholders  of  the  corporation  dissolved.  They 
shall  have  full  power  to  settle  the  affairs  of  the  said  corporation; 
to  collect  and  pay  the  outstanding  debts;  to  sue  for  and  recover 
debts  and  property  thereof  by  the  name  of  the  trustees  of  such 
corporation;  to  sell  and  dispose- of  the  property  thereof,  at  public 
or  private  sale,  and  to  divide  among  the  stockholders  the  moneys 
or  other  property  that  shall  remain  after  the  payment  of  debts 
and  necessary  expenses. 

5.  Notice  to  creditors  to  present  claims,  how  published.  The 
said  trustees  may,  after  the  dissolution  of  the  said  corporation,  in- 
sert in  a  newspaper  published  in  the  place  where  the  said  academy 
is  located,  or  if  there  be  none  such  then  in  a  newspaper  published 
within  the  county,  if  there  be  one,  or,  if  not,  in  an  adjoining 
county,  a  notice  once  in  each  week  for  three  successive  months, 
requiring  all  persons  having  claims  against  the  said  corporation 
dissolved  to  present  the  same  with  proof  thereof  to  the  said 
trustees,  at  the  place  designated  in  such  notice,  on  or  before  a  day 
therein  named  which  shall  be  not  less  than  three  months  from  the 
first  publication  thereof.  In  case  any  action  shall  be  brought 
upon  any  claim  which  shall  not  have  been  presented  to  the 
said  trustees  within  three  months  from  the  first  publication  of 
such  notice,  the  said  trustees  shall  not  be  chargeable  for  any  assets, 


EDUCATION    LAW  17 

moneys  or  proceeds  of  the  said  corporation  dissolved,  which  they 
may  have  paid  in  satisfaction  of  other  claims  against  the  said 
corporation,  or  in  making  distribution  to  the  stockholders  thereof, 
before  the  commencement  of  such  action. 

6.  Surrender  of  stock  scrip,  upon  distribution  to  shareholders. 
Upon  the  distribution  by  the  said  trustees  of  assets  or  property, 
or  the  proceeds  thereof,  of  the  dissolved  corporation  among  its 
stockholders  the  said  trustees  may  require  the  certificates  of  ovsmer- 
ship  of  capital  stock,  if  such  have  been  issued,  standing  in  the 
name  of  any  stockholder  claiming  a  distributive  share,  or  under 
whom  such  share  is  claimed,  to  be  surrendered  for  cancellation 
by  such  stockholder  or  person  claiming  the  said  share;  in  the 
event  of  the  non-production  of  any  such  certificate,  the  said 
trustees  may  require  satisfactory  proof  of  the  loss  thereof,  or  of 
any  other  cause  for  such  non-production,  together  with  such  se- 
curity as  they  may  prescribe,  before  payment  of  the  distributive 
share  to  which  the  person  claiming  upon  such  share  of  stock  may 
appear  to  be  entitled. 

7.  ISTotice  of  distribution,  to  absent  and  unknown  shareholders. 
In  case  the  said  trustees  upon  such  distribution  by  them  of  assets 
or  property,  or  the  proceeds  thereof,  of  the  dissolved  corporation 
among  its  stockholders,  shall  be  unable  to  find  any  of  the  said 
stockholders  or  the  persons  lawfully  owning  or  entitled  to  any 
portion  of  the  said  capital  stock,  they  shall  give  notice  in  the 
manner  hereinabove  provided  for  calling  the  general  meeting 
of  stockholders,  of  such  distribution,  to  the  persons  in  whose 
names  such  stock  shall  stand  upon  the  books  of  the  said  corpora- 
tion, requiring  them  to  appear  at  a  time  and  place  designated,  to 
receive  the  portion  of  such  assets  or  property  to  which  they  may 
be  entitled;  in  case  of  the  failure  of  any  such  persons  to  so 
appear,  it  shall  be  lawful  for  the  said  trustees  to  pay  over  and 
deliver  to  the  county  treasurer  of  the  county  wherein  such 
academy  was  located,  or  to  any  trust  company  or  other  corpora- 
tion located  within  such  county  and  authorized  to  receive  moneys 
on  deposit  under  order  or  judgment  of  a  court  of  record,  the  pro- 
portion of  the  assets,  property  or  proceeds  aforesaid  which  such 
non-appearing  stock  bears  to  the  whole  stock;  the  said  trustees 
shall  also  deliver  therewith,  a  list  of  the  persons  entitled  to  receive 
the  same,  together  with  the  separate  amounts  to  which  they  shall 
be  severally  entitled. 


18  NF^W   YORK   STATE   EDUCATION   DEPARTMENT 

8.  Liability  of  trustees,  when  to  cease.  Upon  the  payment  and 
discharge  of  the  debts  and  obligations  of  the  corporation  dissolved, 
as  hereinbefore  provided,  and  the  distribution  of  its  assets,  prop- 
erty and  proceeds  among  the  stockholders  thereof,  and  due  pro- 
vision made,  as  hereinabove  prescribed,  for  the  interests  of  non- 
appearing  stockholders  and  such  as  can  not  be  found,  the  said 
trustees  shall  become  and  be  relieved  and  discharged  from  fur- 
ther duty,  liability  and  responsibility  by  reason  of  their  relation 
to  the  said  corporation,  or  towards  the  stockholders  thereof. 

9.  Duties  and  liabilities  of  custodians.  Any  county  treasurer, 
trust  company  or  other  corporation  to  whom  assets,  property  or 
proceeds  shall  be  delivered  as  herein  provided,  shall  hold  the  same 
in  trust  for  the  persons  designated  and  entitled  to  receive  it ;  and 
upon  receiving  satisfactory  proof  of  the  right  and  title  thereto,  or 
{•■pon  the  order  of  any  court  of  record  competent  to  adjudicate 
thereupon,  shall  pay  over  and  deliver  to  any  persons  entitled  to 
receive  the  same  the  portion  of  such  proceeds,  property  or  assets 
to  which  they  shall  be  entitled. 

§  65.  Suspension  of  operations.  If  any  institution 
in  the  university  shall  discontinue  its  educational  operations 
without  cause  satisfactory  to  the  regents,  it  shall  surrender 
Its  charter  to  them,  subject,  however,  to  restoration  whenever  ar- 
rangements satisfactory  to  the  regents  are  made  for  resuming  its 
work. 

§  66.  Prohibitions.  1.  'No  individual,  association  or 
corporation  not  holding  university  or  college  degree-conferring 
powers  by  special  charter  from  the  legislature  of  this  state  or 
from  the  regents,  shall  confer  any  degrees,  or  transact  business 
under  or  in  any  way  assume  the  name  university  or  college,  till 
written  permission  to  use  such  name  shall  have  been  granted  by 
the  regents  under  their  seal. 

2.  'No  person  shall  buy,  sell  or  fraudulently  or  illegally  make  or 
alter,  give,  issue  or  obtain  any  diploma,  certificate  or  other  instru- 
ment purporting  to  confer  any  literary,  scientific,  professional  or 
other  degree,  or  to  constitute  any  license,  or  to  certify  to  the  com- 
pletion in  whole  or  in  part  of  any  course  of  study  in  any  univer- 
sity, college,  academy  or  other  educational  institution. 

3.  No  diploma  or  degree  shall  be  conferred  in  this  state  except 
by  a  regularly  organized  institution  of  learning  meeting  all  re- 
quirements of  law  and  of  the  university,  nor  shall  any  person 
with  intent  to  deceive,  falsely  represent  himself  to  have  received 


EDUCATION    LAW  19 

any  such  degree  or  credential,  nor  shall  any  person  append  to  his 
name  any  letters  in  the  same  form  registered  hy  the  regents  as 
entitled  to  the  protection  accorded  to  university  degrees,  unless 
he  shall  have  received  from  a  duly  authorized  institution  the 
degree  or  certificate  for  which  the  letters  are  registered.  Counter- 
feiting or  falsely  or  without  authority  making  or  altering  in  a 
material  respect  any  such  credential  issued  under  seal  shall  be  a 
felony ;  any  other  violation  of  this  section  shall  he  a  misdemeanor ; 
and  any  person  who  aids  or  abets  another,  or  advertises  or  offers 
himself  to  violate  the  provisions  of  this  section,  shall  be  liable 
to  the  same  penalties. 

§  67.   Unlawful  acts  in  respect  to  examinations. 

A  person  who  shall 

1.  Personate  or  attempt  or  offer  to  personate  another  person  in 
taking,  or  attempting  or  offering  to  take  an  examination  held  in 
accordance  with  this  chapter  or  with  the  rules  of  the  university; 
or 

2.  Take,  or  attempt  or  offer  to  take,  such  an  examination  in  the 
name  of  any  other  person ;  or 

3.  Procure  any  other  person  to  falsely  personate  him  or  to  take, 
or  attempt  or  offer  to  take,  any  such  examination  in  his  name; 
or 

4.  Have  in  his  possession  question  papers  to  be  used  in  any  such 
examination,  when  not  contained  in  their  sealed  wrappers,  or 
copies  of  such  papers  or  questions,  at  any  time  prior  to  the  date 
set  for  such  examination,  unless  duly  authorized  by  the  regents 
or  the  commissioner  of  education ;  or 

5.  Sell  or  offer  to  sell  question  papers  or  any  questions  prepared 
for  use  in  any  examination  held  in  accordance  with  this  chapter 
or  with  the  rules  of  the  university;  or 

6.  Use  in  any  such  examination  any  question  papers  or  ques- 
tions, or  secure  or  prepare  the  answers  to  such  questions  prior 
to  the  time  set  for  the  examination;  or 

7.  Transmit  to  the  state  education  department  answers  to  ques- 
tions used  in  any  such  examination  which  are  prepared  or  written 
outside  of  the  period  of  examination,  or  alter  any  such  answers 
after  such  period  is  closed ;  or 

8.  Otherwise  secure  or  attempt  to  secure  the  record  of  having 
passed  such  examination  in  violation  of  the  university  rules; 
is  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punished  for  a  first  offense  by  a  fine  of  not  less  than  fifty  dollars 


20  NVAV   YORK   STATE   EDUCATION   DEPARTMENT 

or  imprisonment  for  not  less  than  thirty  days,  or  by  both  such  fine 
and  imprisonment,  and  for  a  second  offense  by  a  fine  of  not  less 
than  two  hundred  and  fifty  dollars,  or  imprisonment  for  not  less 
than  six  months  or  by  both  such  fine  and  imprisonment. 

§  68.  Powers  of  trustees  of  institutions.  The  trus- 
tees of  every  corporation  created  by  the  regents,  unless  otherwise 
provided  by  law  or  by  its  charter,  may: 

1.  Number  and  quorum.  Fix  the  term  of  office  and  number  of 
trustees,  which  shall  not  exceed  twenty-five,  nor  be  less  than  five. 
If  any  institution  has  more  than  five  trustees,  the  body  that  elects, 
by  a  two-thirds  vote  after  notice  of  the  proposed  action  in  the 
call  for  a  meeting,  may  reduce  the  number  to  not  less  than  five 
by  abolishing  the  ofiice  of  any  trustee  which  is  vacant  and  filing 
in  the  regents'  office  a  certified  copy  of  the  action.  A  majority  of 
the  whole  number  shall  be  a  quorum. 

2.  Executive  committee.  Elect  an  executive  committee  of  not 
less  than  five,  who,  in  intervals  between  meetings  of  the 
trustees,  may  transact  such  business  of  the  corporation  as  the 
trustees  may  authorize,  except  to  grant  degrees  or  to  make  re- 
movals from  office. 

3.  Meetings  and  seniority.  Meet  on  their  own  adjournment 
or  when  required  by  their  by-laws,  and  as  often  as  they  shall  be 
summoned  by  their  chairman,  or  in  his  absence  by  the  senior 
trustee,  on  written  request  of  three  trustees.  Seniority  shall  be 
according  to  the  order  in  which  the  trustees  are  named  in  the 
charter  or  subsequently  elected.  Notice  of  the  time  and  place  of 
every  meeting  shall  be  mailed  not  less  than  five  nor  more  than 
ten  days  before  the  meeting  to  the  usual  address  of  every  trustee. 

4.  Vacancies  and  elections.  Fill  any  vacancy  occurring  in  tl^e 
office  of  any  trustee  by  electing  another  for  the  unexpired  term. 
The  office  of  any  trustee  shall  become  vacant  on  his  death,  resigna- 
tion, refusal  to  act,  removal  from  ofiice,  expiration  of  his  term, 
or  any  other  cause  specified  in  the  charter.  If  any  trustee  shall 
fail  to  attend  three  consecutive  meetings  without  excuse 
accepted  as  satisfactory  by  the  trustees,  he  shall  be  deemed  to 
have  resigned,  and  the  vacancy  shall  be  filled.  Any 
vacancy  in  the  office  of  trustee  continuing  for  more  than  one  year, 
or  any  vacancy  reducing  the  number  of  trustees  to  less  than  two- 
thirds  of  the  full  number  may  be  filled  by  the  regents.  No  person 
shall  be  ineligible  as  a  trustee  by  reason  of  sex. 

5.  Property  holding.      Take   and  hold  by  gift,  grant,   devise 


EDUCATION    LAW  21 

or  bequest  in  their  own  right  or  in  trust  for  any  purpose  com- 
prised in  the  objects  of  the  corporation,  such  additional  real  and 
personal  property,  beyond  such  as  shall  be  authorized  by  their 
charter  or  by  special  or  general  statute,  as  the  regents  shall  au- 
thorize within  one  year  after  the  delivery  of  the  instrument  or 
probate  of  the  will,  giving,  granting,  devising  or  bequeathing  such 
property,  and  such  authority  given  by  the  regents  shall  make  any 
such  gift,  grant,  devise  or  bequest  operative  and  valid  in  law. 
Any  grant,  devise  or  bequest  shall  be  equally  valid  whether  made 
in  the  corporate  name  or  to  the  trustees  of  a  corporation,  and 
powers  given  to  the  trustees  shall  be  powers  of  the  corporation. 

6.  Control  of  property.  Buy,  sell,  mortgage,  let  and  otherwise 
use  and  dispose  of  its  property  as  they  shall  deem  for  the  best 
interests  of  the  institution;  and  also  to  lend  or  deposit,  or  to 
receive  as  a  gift,  or  on  loan  or  deposit,  literary,  scientific  or  other 
articles,  collections,  or  property  pertaining  to  their  work;  and 
such  gifts,  loans  or  deposits  may  be  made  to  or  with  the  university 
or  any  of  its  institutions  by  any  person,  or  by  legal  vote  of  any 
board  of  trustees,  corporation,  association  or  school  district,  and 
any  such  transfer  of  property,  if  approved  by  the  regents,  shall 
during  its  continuance,  transfer  responsibility  therefor  to  the  in- 
stitution receiving  it,  which  shall  also  be  entitled  to  receive  any 
money,  books  or  other  property  from  the  state  or  other  sources  to 
which  said  corporation,  association  or  district  would  have  been  en- 
titled but  for  such  transfer. 

7.  Officers  and  employees.  Appoint  and  fix  the  salaries  of 
such  officers  and  ^  employees  as  they  shall  deem  necessary,  who, 
unless  employed  under  special  contract,  shall  hold  their  offices 
during  the  pleasure  of  the  trustees;  but  no  trustee  shall  receive 
compensation  as  such. 

8.  Removals  and  suspensions.  Eemove  or  suspend  from  office 
by  vote  of  a  majority  of  the  entire  board  any  trustee,  officer  or 
employee  engaged  under  special  contract,  on  examination  and  due 
proof  of  the  truth  of  a  written  complaint  by  any  trustee,  of  mis- 
conduct, incapacity  or  neglect  of  duty;  provided,  that  at  least  one 
week's  previous  notice  of  the  proposed  action  shall  have  been 
given  to  the  accused  and  to  each  trustee. 

9.  Degrees  and  credentials.  Grant  such  degrees  and  honors 
as  are  specifically  authorized  by  their  charter,  and  in  testimony 
thereof  give  suitable  certificates  and  diplomas  under  their  seal; 
and  every  certificate  and  diploma  so  granted  shall  entitle  the  con- 


22  NEW   YORK   STATE   EDUCATION   DEPARTMENT 

feree  to  all  privileges  and  immunities  which  by  usage  or  statute 
are  allowed  for  similar  diplomas  of  corresponding  grade  granted 
by  any  institution  of  learning. 

10.  Eules.  Make  all  by-laws  and  rules  necessary  and  proper 
for  the  purposes  of  the  institution  and  not  inconsistent  with  law 
or  any  rule  of  the  university;  but  no  rule  by  which  more  than  a 
majority  vote  shall  be  required  for  any  specified  action  by  the 
trustees  shall  be  amended,  suspended  or  repealed  by  a  smaller 
vote  than  that  required  for  action  thereunder. 

§  69.  Colleges  may  construct  ivater-^vorks  and 
se-wer  systems.  1.  Every  incorporated  college  in  this  state 
is  duly  authorized  and  empowered  to  construct  and  main- 
tain a  system  of  water-works  for  the  purpose  of  supplying  its  col- 
lege buildings  and  premises  with  pure  and  wholesome  water  for 
domestic,  sanitary  and  fire  purposes,  and  for  the  preservation  of 
the  health  of  its  students,  faculty  and  employees,  and  for  the 
preservation  of  the  public  health  of  the  town,  village  or  city  in  or 
near  which  such  college  is  located,'  and  the  construction  and  main- 
tenance of  such  water- works  is  declared  to  be  a  public  use.  Such 
water-works,  as  often  as  necessary,  may  be  enlarged  or  improved. 

2.  Any  such  college  shall  have  the  right  to  acquire  real  estate, 
or  any  interest  therein,  necessary  or  proper  for  such  water-works, 
and  the  right  to  lay,  relay,  repair  and  maintain  conduit  and  water 
pipes,  with  connections  and  fixtures,  on,  through,  and  over  the  lands 
of  others ;  the  right  to  intercept  and  divert  the  flow  of  waters  from 
the  lands  of  riparian  owners,  and  from  persons  owning  and 
interested  in  any  waters;  and  the  right  to  prevent  the  flow  or 
drainage  of  noxious,  or  impure,  or  unwholesome  matter  from  the 
lands  of  others  into  its  reservoirs,  or  sources  of  supply.  But  no 
such  college  shall  ever  have  power  to  take  or  use  water  from  any 
of  the  lands  of  this  state,  or  any  land,  reservoir,  or  feeders,  or 
any  streams  which  have  been  taken  by  the  state  for  the  purpose 
of  supplying  the  canals  with  water.  The  consent  of  an  incor- 
porated village  or  city  must  be  obtained  to  lay  any  such  pipes 
in  or  through  its  streets,  and  such  consent  may  be  accompanied 
by  such  reasonable  conditions  or  restrictions  as  are  proper. 

3.  Such  college  may  cause  such  examinations  and  surveys  for 
its  proposed  water- works  to  be  made  as  may  be  necessary  to  de- 
termine the  proper  location  thereof,  and  for  such  purpose,  by  its 
oflicers,  agents  and  servants,  may  enter  upon  any  lands  or  waters 
in  the  vicinity  for  the  purpose  of  making  such  examinations  and 


EDUCATION^    LAW  23 

surveys,  subject  to  liability  for  all  damage  done.  When  surveys 
or  examinations  are  made  or  concluded,  a  map  shall  be  made  of 
the  lands  or  interests  to  be  taken  or  entered  upon,  and  on  which 
the  land  or  interest  of  each  owner  or  occupant  shall  be  designated, 
and  all  streets  and  roads  in  which  it  is  proposed  to  lay  conduit 
pipes,  with  the  proposed  line  thereof,  which  map  shall  be  dated 
and  signed  by  the  engineer  making  the  same ;  and  said  map  shall 
be  filed  and  kept  in  the  college  library  for  examination  and 
reference,  and  a  duplicate  thereof  shall  be  filed  in  the  clerk^a 
office  in  each  county  wherein  any  of  such  lands  or  interests  pro- 
posed to  be  taken  are  located.  Such  examinations  and  surveys 
may  be  ordered  and  directed  by  the  president  or  board  of  trustees 
of  such  college.  A  majority  of  the  trustees  shall  determine  upon 
the  construction  of  such  water-works  and  the  plans  thereof,  and 
order  contracts  therefor  to  be  made  by  such  officers  of  the  college 
as  may  be  designated. 

4.  If  any  such  college  shall  be  unable  to  agree  upon  such  terms 
of  purchase  of  any  such  property,  right  or  easements,  before  or 
after  plans  shall  be  determined  upon,  it  may,  after  such  plans 
have  been  adopted,  acquire  the  same  by  condemnation,  according 
to  the  provisions  of  the  condemnation  law. 

5.  When  any  such  college  has  constructed  and  completed  water- 
works, as  above  provided,  it  may,  by  a  majority  of  its  trustees,  de- 
termine upon  and  construct  a  sewer  system ;  it  may  connect  the 
same  with  the  sewer  system  of  the  village  or  city  in  or  near  which 
said  college  is  situated,  if  such  connection  is  practicable.  Exam- 
ination, surveys  and  a  map  may  be  made  as  above  provided. 
Lands  and  easements  may  be  acquired  by  purchase,  as  above  pro- 
vided, and  in  case  such  acquisition  can  not  be  made  by  purchase 
then  they  may  be  acquired  by  condemnation,  according  to  the  pro- 
visions of  the  condemnation  law. 

ARTICLE  4 
Commissioner  of  Education 

Section  90.  Commissioner  of  education  continued. 

91.  How  chosen. 

92.  Term  of  office. 

93.  Salary. 

94.  General  powers  and  duties. 


24  NEW   YORK   STATE   EDUCATION   DEPARTMENT 

Section  95.  Eemoval  of  school  officers;  withholding  public  money. 

96.  Other  powers. 

97.  Schools  of  union  free  school  districts  and  cities. 

98.  Keports  of  school  officers. 

99.  County  clerk  and  county  treasurers  to  forward  certain 

reports.     [Added  by  L.  1911,  ch.  159.] 

§   90.   Commissioner  of  education   continued.     The 

office  of  commissioner  of  education  is  hereby  continued. 

§  91.  How  chosen.  1.  The  commissioner  of  education  shall 
be  elected  by  a  majority  vote  of  the  regents. 

2.  Such  commissioner  may  be  elected  without  regard  to  the 
place  of  his  residence  whether  it  be  within  or  without  the  state  of 
!N'ew  York. 

§  92.  Term  of  o£S.ce.  The  commissioner  of  education  shall 
serve  during  the  pleasure  of  the  board  of  regents. 

§  93.  Stalary.  The  salary  of  such  commissioner  shall  be 
seven  thousand  five  hundred  dollars  per  annum,  payable  monthly, 
and  he  shall  also  be  paid  one  thousand  five  hundred  dollars  in  lieu 
and  in  full  for  his  traveling  and  other  expenses  which  shall  also  be 
payable  monthly. 

§  94.  General  powers  and  duties.  The  commissioner  of 
education  is  hereby  charged  with  the  following  powers  and 
duties : 

1.  He  is  the  chief  executive  officer  of  the  state  system  of  educa- 
tion and  of  the  board  of  regents.  He  shall  enforce  all  general 
and  special  laws  relating  to  the  educational  system  of  the  state 
and  execute  all  educational  policies  determined  upon  by  the  board 
of  regents. 

2.  He  shall  have  general  supervision  over  all  schools  and  insti- 
tutions which  are  subject  to  the  provisions  of  this  act,  or  of  any 
statute  relating  to  education,  and  shall  cause  the  same  to  be  ex- 
amined and  inspected,  and  shall  advise  and  guide  the  school 
officers  of  all  districts  and  cities  of  the  state  in  relation  to  their 
duties  and  the  general  management  of  the  schools  imder  their 
control. 

3.  He  shall  have  general  supervision  of  industrial  schools,  trade 
schools  and  schools  of  agriculture,  mechanic  arts  and  home 
making;  he  shall  prescribe  regulations  governing  the  licensing  of 
the  teachers  employed  therein;  and  he  is  hereby  authorized,  em- 
powered and  directed  to  provide  for  the  inspection  of  such  schools, 


EDUCATIOJ^    LAW  25 

to  take  necessary  action  to  make  effectual  the  provisions  therefor, 
and  to  advise  and  assist  boards  of  education  in  the  several  cities 
and  school  districts  in  the  establishment,  organization  and  man- 
agement of  such  schools. 

4.  He  shall  also  have  general  supervision  over  the  state  normal 
schools  which  have  been,  or  which  may  hereafter  be,  established 
as  required  by  the  provisions  of  this  chapter. 

5.  He  shall  be  ex  officio  a  trustee  of  Cornell  university. 

6.  He  shall  be  responsible  for  the  safe  keeping  and  proper  use 
of  the  department  and  university  seal  and  of  the  books,  records 
and  other  property  in  charge  of  the  regents,  and  for  the  proper 
administration  and  discipline  of  the  various  offices  and  divisions 
of  the  education  department. 

7.  He  may  annul  upon  cause  shown  to  his  satisfaction  any  cer- 
tificate of  qualification  granted  to  a  teacher  by  any  authority 
whatever  or  declare  any  diploma  issued  by  a  state  normal  school 
ineffective  and  null  as  a  qualification  to  teach  a  common  school 
within  this  state,  and  he  may  reconsider  and  reverse  his  action 
in  any  such  matter. 

8.  He  shall  cause  to  be  prepared  and  keep  in  his  office  records 
of  all  persons  who  have  received,  or  shall  receive,  certificates  of 
qualification  to  teach  or  diplomas  of  the  state  normal  schools,  with 
the  dates  thereof,  and  shall  note  thereon  all  annulments  of  such 
certificates  and  diplomas,  and  reversals  thereof,  with  the  dates 
and  causes  thereof,  together  with  such  other  particulars  as  he 
may  deem  expedient. 

9.  He  shall  cause  to  be  prepared  suitable  registers,  blanks, 
forms  and  regulations  for  making  all  reports  and  conducting  all 
necessary  business  under  this  chapter,  and  shall  cause  the  same, 
with  such  information  and  instructions  as  he  shall  deem  conducive 
to  the  proper  organization  and  government  of  the  common  schools 
and  the  due  execution  of  their  duties  by  school  officers,  to  be  trans- 
mitted to  the  officers  and  persons  intrusted  with  the  execution  of 
the  same. 

10.  He  may  administer  oaths  and  take  affidavits  concerning  any 
matter  relating  to  the  duties  of  his  office  or  pertaining  in  any  way 
to  the  schools  of  the  state  or  any  part  thereof. 

11.  He  is  hereby  authorized  to  furnish,  by  means  of  pictorial 
or  graphic  representations,  additional  facilities  for  instruction  in 
geography,  history,  science  and  kindred  subjects,  to  the  schools, 
institutions  and  organizations  under  the  supervision  of  the  re- 


26  :!VEW    YORK   STATE    EDUCATION    DEPAKTMEXT 

gents.  Material  collected  for  this  jDurpose  may,  under  regents' 
general  rules,  be  lent  for  a  limited  time  to  responsible  institutions 
and  organizations  for  the  benefit  of  artisans,  mechanics  and  other 
citizens  of  the  several  communities  of  the  state.  He  may  from 
time  to  time  enter  into  contracts  necessary  for  carrying  out  this 
provision. 

12.  He  shall  also  have  and  execute  such  further  powers  and 
duties  as  he  shall  be  charged  with  by  the  regents. 

§  95.  Removal  of  school  officers;  ivithholding  pub- 
lic money.  1.  Whenever  it  shall  be  proved  to  his  satisfaction 
that  any  trustee,  member  of  a  board  of  education,  clerk,  collector, 
treasurer,  school  commissioner,  superintendent  of  schools  or  other 
school  officer  has  been  guilty  of  any  wilful  violation  or  neglect  of 
duty  under  this  chapter,  or  any  other  act  pertaining  to  common 
schools  or  other  educational  institution  participating  in  state 
funds,  or  wilfully  disobeying  any  decision,  order  or  regulation  of 
the  regents  or  of  the  commissioner  of  education,  said  commis- 
sioner may,  by  an  order  under  his  hand  and  seal,  which  order 
shall  be  recorded  in  his  office,  remove  such  school  officer  from  his 
office. 

2.  Said  commissioner  of  education  may  also  withhold  from  any 
district  or  city  its  share  of  the  public  money  of  the  state  for  wil- 
fully disobeying  any  provision  of  law  Or  any  decision,  order  or 
regulation  as  aforesaid. 

§  96.  Other  poivers.  The  commissioner  of  education  shall 
also  have  power  and  it  shall  be  his  duty  to  cause  to  be  instituted 
such  proceedings  or  processes  as  may  be  necessary  to  properly 
enforce  and  give  effect  to  any  provision  in  this  chapter  or  in  any 
other  general  or  special  law  pertaining  to  the  school  system  of  the 
state  or  any  part  thereof  or  to  any  school  district  or  city.  He 
shall  possess  the  power  and  authority  to  likewise  enforce  any  rule 
or  direction  of  the  regents. 

§  97.  Schools  of  union  free  school  districts  and 
cities.  The  schools  of  every  union  free  school  district  and  of 
every  city  in  all  their  departments  shall  be  subject  to  the  visita- 
tion of  the  commissioner  of  education.  He  is  charged  with  the 
general  supervision  of  their  boards  of  education  and  their  man- 
agement and  conduct  of  all  departments  of  instruction. 

§  98.  Reports  of  school  officers.  The  officers  of  the  sev- 
eral districts  and  cities  of  the  state  and  all  other  school  officers 
shall  make  such  reports  and  in  such  form  from  time  to  time  in 
relation  to  the  schools  under  their  management  and  supervision 
as  the  commissioner  of  education  shall  require. 


EDUCATION    LAW  27 

§  99.  County  clerk  and  county  treasurers  to  for- 
ward certain  reports.  1.  The  county  clerk  of  each  comity, 
shall  upon  the  requisition  of  the  commissioner  of  education,  hie 
Avith  such  commissioner  any  reports  of  trustees  of  school  districts 
and  boards  of  education  or  the  abstract  of  such  reports  made  by 
school  commissioners  which  have  been  filed  in  the  office  of  such 
county  clerk  pursuant  to  the  provisions  of  the  education  law, 
whenever  it  is  necessary  for  the  commissioner  of  education  to 
obtain  information  or  data  contained  in  official  reports  which 
have  been  transmitted  to  the  education  department  but  which  have 
been  destroyed  by  fire  or  otherwise. 

2.  The  county  treasurer  of  each  county  shall,  upon  the  requi- 
sition of  the  commissioner  of  education,  forward  to  said  commis- 
sioner any  original  certificates  relating  to  the  apportionment  of 
school  moneys  which  the  commissioner  of  education  has  filed  in 
the  office  of  such  treasurer  whenever  it  is  necessary  to  obtain  in- 
formation on  the  apportionment  of  school  moneys  when  the  data 
relating  thereto  in  the  office  of  the  commissioner  of  education  has 
been  destroyed  by  fire  or  otherwise.  After  securing  such  informa- 
tion as  may  be  necessary  from  such  certificates,  the  commissioner 
of  education  shall  return  the  same  to  the  treasurer  of  such  county. 
[Added  hy  L.  1911,  ch.  159,  in  effect  May  20,  1911.] 

ARTICLE  5 
School  Districts 

Section  120.  Existing  districts  continued. 

121.  Formation  of  new  district. 

122.  !N^umber  and  description  of  districts. 

123.  Alteration  by  consent. 

124.  Alteration  without  consent. 

125.  Hearing  of  objections  to  order  for  alteration  with- 

out consent. 

126.  Dissolution  or  alteration  of  joint  district. 

127.  Special  meeting  of  joinj  district  to  act  regarding 

dissolution. 

128.  Dissolution  by  consent  and  consequent  alteration  of 

districts. 

129.  Dissolution,     re-formation     and     consolidation     of 

districts. 


28  Is^EW   YORK   STATE   EDUCATION   DEPARTMENT 

Section   130.  Division  of  union  free  school  district  which  contains 
two  incorporated  villages. 

131.  Method  and  result  of  election. 

132.  Apportionment  of  indebtedness. 

133.  The     bonded    indebtedness    of    certain    dissolved 

districts. 

134.  Temporary  attendance  of  pupils  as  before  division. 

135.  Continuance  of  dissolved  district  for  payment  of 

debts. 

136.  Deposits  of  records  of  dissolved  district. 

137.  Property  of  districts  consolidated. 

138.  Sale  of  property  of  dissolved  district  and  disposition 

of  proceeds. 

139.  Collection  and  distribution  of  moneys  due  dissolved 

district. 

140.  Fees  of  supervisor  and  town  clerk. 

141.  [N'otice  of  meeting  for  establishment  of  union  free 

school  district. 

142.  Posting,  publication  and  service  of  notice. 

143.  !N"otice  in  case  of  adjoining  districts. 

144.  Expense  of  notice. 

145.  Proceedings   at   meeting   and   effect   of    affimiative 

vote. 

146.  Meeting  to  determine  regarding  reorganization  as 

common  school  district. 

147.  Result  of  vote  for  or  against  reorganization. 

148.  Reversion  to  form  of  original  school  districts. 

149.  School  commissioner  may  require  equality  of  par- 

tition. 

150.  Effect   of  veto   by   school   commissioner   regarding 

subsequent  meeting. 

151.  Report  of  proceedings  to  commissioner  of  education. 

152.  Distribution  of  moneys  on  dissolution. 

153.  School  property  exempt  from  taxation. 

154.  Application  of  funds  obtained  from  sale  of  school 

property.. 

§  120.  Existing  districts  continued.  All  school  dis- 
tricts organized  either  by  special  laws  or  pursuant  to  the  pro- 
visions of  a  general  law  are  hereby  continued  and  may  be  altered 
or  dissolved  as  herein  provided. 


EDUCxVTION    LAW  29 

§  121.  Formation  of  new  district.  1.  A  school  com- 
missioner may  organize  a  new  school  district  out  of  the  territory 
of  one  or  more  school  districts  which  are  wholly  within  his  school 
commissioner  district  whenever  the  educational  interests  of  the 
community  require  it. 

2.  The  school  commissioners  of  two  or  more  adjoining  school 
commissioner  districts  when  public  interests  require  it  may  form  a 
joint  school  district  out  of  adjoining  portions  of  their  respective 
districts. 

§  122.  Number  and  description  of  districts.  1.  Each 
school  commissioner  shall  renumber  the  school  districts  of  each 
town  in  his  commissioner  district  from  time  to  time  and  shall 
also  number  each  new  district  and  shall  describe  in  metes  and 
bounds  each  of  such  school  districts. 

2.  The  order  of  a  school  commissioner  forming  or  numbering  a 
school  district  and  the  written  description  thereof  together  with  all 
notices,  orders,  consents  and  proceedings  relating  to  the  formation 
or  alteration  thereof  shall  be  filed  with  the  town  clerk  of  the  town 
in  which  such  district  is  located. 

3.  Every  joint  district  shall  bear  the  same  number  in  every 
school  commissioner  district  of  whose  territory  it  is  in  part  com- 
posed. 

§  123.  Alteration  by  consent.  With  the  written  consent 
of  the  trustees  of  all  the  districts  to  be  affected  thereby,  the  school 
commissioner  may  make  an  order  altering  the  boundaries  of  any 
school  district  within  his  jurisdiction,  and  fix  in  such  order  a  day 
when  the  alteration  shall  take  effect. 

§  124.  Alteration  without  consent.  If  the  trustees  of 
auy  district  affected  thereby  refuse  to  consent,  the  school  commis- 
sioner may  make  and  file  with  the  town  clerk  his  order  making 
the  alteration,  but  reciting  the  refusal,  and  directing  that  the  order 
shall  not  take  effect  until  a  day  therein  to  be  named,  and  not  less 
than  three  months  after  the  date  of  such  order. 

§  125.  Hearing  of  objections  to  order  for  alter- 
ation without  consent.  1.  Within  ten  days  after  making 
and  filing  such  order  the  school  commissioner  shall  give  at  least  a 
week's  notice  in  writing  to  the  trustees  of  all  districts  affected  by 
the  proposed  alterations,  that  at  a  specified  time,  and  at  a  named 
place  within  the  town  in  which  one  of  the  districts  to  be  affected 
lies,  he  will  hear  the  objections  to  the  alteration. 


30  N:ew  york  state  educatioi^^  department 

2.  The  trustees  of  any  district  to  be  affected  by  such  order  may 
request  the  supervisor  and  town  clerk  of  each  of  the  towns,  within 
which  such  districts  shall  wholly  or  partly  lie,  to  be  associated 
with  the  school  commissioner. 

3.  At  the  time  and  place  mentioned  in  the  notice,  such  commis- 
sioner, with  the  supervisors  and  town  clerks,  if  they  shall  attend 
and  act,  shall  hear  and  decide  the  matter,  and  the  decisdon  shall 
be  final  unless  duly  appealed  from.  Such  decision  must  either 
affirm  or  vacate  such  order,  and  must  be  filed  with  and  recorded 
by  the  town  clerk  of  the  town  in  which  the  district  to  be  affected 
shall  lie,  and  a  tie  vote  shall  be  regarded  a  decision  for  the  pur- 
poses of  an  appeal  on  the  merits.  Upon  such  appeal  the  commis- 
sioner of  education  may  affirm,  modify  or  vacate  the  order  of  the 
school  commissioner  or  the  action  of  the  local  board. 

§  126.  Dissolution  or  alteration  of  joint  district. 
The  majority  of  the  school  commissioners  within  whose  districts 
any  joint  school  district  lies  may  make  an  order  at  a  meeting 
duly  called  by  one  of  such  commissioners  altering  or  dissolving 
such  district. 

§  127.  Special  meeting  of  joint  district  to  act  re- 
garding dissolution.  1.  If  a  school  commissioner,  by 
notice  in  writing,  shall  require  the  attendance  of  the  other  school 
commissioners,  at  a  joint  meeting  for  the  purpose  of  altering  or 
dissolving  a  joint  district,  and  a  majority  of  all  the  commissioners 
shall  refuse  or  neglect  to  attend,  such  commissioners  attending,  or 
any  one  of  them,  may  call  a  special  meeting  of  such  school  district 
for  the  purpose  of  deciding  whether  such  district  shall  be  dis- 
solved. 

2.  If  such  special  meeting  shall  vote  to  dissolve  the  district  the 
school  commissioner  who  called  such  meeting  may  make  an  order 
dissolving  the  district  and  shall  recite  in  such  order  the  refusal  or 
neglect  of  the  other  school  commissioners,  his  call  of  the  special 
meeting  and  the  action  taken  at  such  meeting. 

§  128.  Dissolution  by  consent  and  consequent  alter- 
ation of  districts.  1.  A  school  commissioner  may  dissolve 
one  or  more  common  school  districts  upon  the  written  consent  of 
the  trustees  of  all  the  districts  to  be  affected.  When  one  or  more 
of  such  districts  adjoin  a  union  free  school  district  whose  limits  do 
not  correspond  with  those  of  an  incorporated  village  or  city,  he 
may  annex  the  territory  of  such  dissolved  districts  to  such  union 
free  school  district. 


EDUCATIOIS^    LAW  31 

2.  A  school  commissioner  on  the  written  consent  of  the  boards 
of  education  of  the  districts  affected  may  also  dissolve  a  union 
free  school  district  when  it  adjoins  another  union  free  school  dis- 
trict and  annex  the  territory  of  such  dissolved  district  to  such 
other  union  free  school  district. 

§  129.  Dissolution,  re-formation  and  consolida- 
tion of  districts.  Any  school  commissioner  may  dissolve  one 
or  more  districts,  and  may  from  such  territory  form  a  new  dis- 
trict; he  may  also  unite  such  territory  or  a  portion  thereof  to 
any  adjoining  school  district,  except  a  union  free  school  district 
whose  boundaries  are  coterminous  with  the  boundaries  of  an  in- 
corporated village  or  city. 

§  130.  Division  of  union  free  school  district 
ivhich  contains  two  incorporated  villages.  ^Repealed 
hij  L.  1911,  cli.  331,  in  ejfed  June  15,  1911.] 

§  131.  Method  and  result  of  election.  [Repealed  hy  L. 
1911,  ch.  334,  in  effect  June  15,  1911.] 

§  132.  Apportionment  of  indebtedness.  [Repealed  hy 
L.  1911,  ch.  334,  in  effect  June  15,  1911.] 

§  133.  The  bonded  indebtedness  of  certain  dissolved 
districts.  Whenever  two  or  more  districts  are  dissolved  pur- 
suant to  the  provisions  of  section  one  hundred  and  twenty-eight 
of  this  article  and  annexed  to  adjoining  districts  the  bonded  in- 
debtedness of  any  such  district  shall  thereupon  become  a  charge 
upon  the  enlarged  district  formed  by  such  annexation.  The  board 
of  education  of  such  district  shall  raise  by  tax  an  amount  suffi- 
cient to  pay  any  of  the  bonds  and  interest  thereon  of  such  district 
as  the  same  shall  become  due. 

§  134.  Temporary  attendance  of  pupils  as  before 
division.  [Repealed  hy  L.  1911,  ch.  334,  in  effect  June  15, 
1911.] 

§  135.  Continuance  of  dissolved  districts  for  pay- 
ment of  debts.  Though  a  district  be  dissolved,  it  shall  con- 
tinue to  exist  in  law,  for  the  purpose  of  providing  for  and  paying 
all  its  just  debts;  and  to  that  end  the  trustees  and  other  officers 
shall  continue  in  office,  and  the  inhabitants  may  hold  special 
neetings,  elect  officers  to  supply  vacancies  and  vote  taxes;  and 
all  other  acts  necessary  to  raise  money  and  pay  such  debts  shall 
be  done  by  the  inhabitants  and  officers  of  the  district. 

§  1S|6.^  Deposit  of  records  of  dissolved  district.  1. 
The  school  commissioner,  or  a  majority  of  such  commissioners 


o2  ]N"EW    YORK   STATE    EDUCATION    DEPARTMENT 

in  whose  districts  a  dissolved  school  district  was  situated,  shall  by 
written  order  delivered  to  the  clerk  of  the  district,  or  to  any  per- 
son in  whose  possession  the  books,  papers  and  records  of  the  dis- 
trict, or  any  of  them,  may  be,  direct  such  clerk  or  other  person 
to  deposit  the  same  in  the  clerk's  office  in  the  town  named  in  the 
order. 

2.  Such  clerk  or  other  person,  by  neglect  or  refusal  to  obey  the 
order,  shall  forfeit  fifty  dollars,  to  be  applied  to  the  benefit  of  the 
common  schools  of  said  town. 

§  137.  Property  of  districts  consolidated.  When 
two  or  more  districts  shall  be  consolidated  into  one,  the  new  dis- 
trict shall  succeed  to  all  the  rights  of  property  possessed  by  the 
annulled  districts. 

§  138.  Sale  of  property  of  dissolved  district  and 
disposition  of  proceeds.  1.  When  a  district  is  divided  into 
portions,  which  are  annexed  to  other  districts,  its  property  shall 
be  sold  by  the  supervisor  of  the  town,  within  which  its  school- 
house  is  situated,  at  public  auction,  after  at  least  five  days'  notice. 

2.  Such  notice  shall  be  given  by  posting  the  same  in  three  or 
more  public  places  of  the  town  in  which  the  school-house  is  situ- 
ated and  in  one  conspicuous  place  in  the  district  so  dissolved. 

3.  The  supervisor,  after  deducting  the  expenses  of  the  sale,  shall 
.apply  its  proceeds  to  the  payment  of  the  debts  of  the  district,  and 
apportion  the  residue,  if  any,  among  the  owners  or  possessors  of 
taxable  property  in  the  district,  in  the  ratio  of  their  several  assess- 
ments on  the  last  corrected  assessment-roll  of  the  towns,  and  pay 
it  over  accordingly. 

§  139.  Collection  and  distribution  of  moneys  due 
dissolved  district.  The  supervisor  of  the  town  within 
which  the  school-house  of  the  dissolved  district  was  situated  may 
demand,  sue  for  and  collect,  in  his  name  of  office,  any  money  of 
the  district  outstanding  in  the  hands  of  any  of  its  former  officers, 
or  any  other  person;  and,  after  deducting  his  costs  and  expenses, 
shall  report  the  balance  to  the  school  commissioner  who  shall  ap- 
portion the  same  equitably  among  the  districts  to  which  the  parts 
of  the  dissolved  district  were  annexed,  to  be  by  them  applied  as 
their  district  meeting  shall  determine. 

§  140.  Fees  of  supervisor  and  town  clerk.  The 
supervisor  and  town  clerk  -shall  be  entitled  each,  to  one  dollar  and 
fifty  cents  a  day,  for  each  day's  service  in  any  proceeding  under 


EDUCATION    LAW  33 

section  one  hundred  twenty-five  of  this  article,  to  be  levied  and 
paid  as  a  charge  upon  their  town. 

§  141.  Notice  of  meeting  for  establislmieiit  of 
union  free  school  district.  1.  Whenever  fifteen  persons 
entitled  to  vote  at  any  meeting  of  the  inhabitants  of  any  school  dis- 
trict in  the  state,  shall  sign  a  request  for  a  meeting,  to  be  held  for 
the  purpose  of  determining  whether  a  union  free  school  shall  be 
established  therein  in  conformity  with  the  provisions  of  this  ar- 
ticle, it  shall  be  the  duty  of  the  trustees  of  such  district,  within 
ten  days  after  such  request  shall  have  been  presented  to  them,  to 
give  public  notice  that  a  meeting  of  the  inhabitants  of  such  dis- 
trict entitled  to  vote  thereat  will  be  held  for  such  purpose  as  afore- 
said, at  the  school-house,  or  other  more  suitable  place  in  such  dis- 
trict, on  a  day  and  at  an  hour  to  be  specified  in  such  notice  not 
less  than  twenty  nor  more  than  thirty  days  after  the  publication 
of  such  notice. 

2.  If  the  trustees  shall  refuse  to  give  such  notice,  or  shall  neg- 
lect to  give  the  same  for  twenty  days,  the  commissioner  of  educa- 
tion may  authorize  and  direct  any  inhabitant  of  such  district  to 
give  the  same. 

§  142.  Posting,  publication  and  service  of  notice. 
1.  Whenever  such  district  shall  correspond  wholly  or  in  part 
with  an  incorporated  village,  in  which  there  shall  be  published  a 
daily  or  weekly  newspaper,  the  notice  required  in  section  one  hun- 
dred and  forty-one  shall  be  given  by  posting  the  same  in  five  con- 
spicuous places  in  said  district,  at  least  twenty  days  prior  to  such 
meeting,  and  by  causing  the  same  to  be  published  once  a  week  for 
three  consecutive  weeks  before  such  meeting,  in  all  the  newspapers 
published  in  said  district. 

2.  In  other  districts  the  said  notice  shall  be  given  by  posting 
the  same  as  aforesaid,  and  in  addition  thereto,  the  trustees  of  such 
district  shall  authorize  and  require  any  taxable  inhabitant  thereof 
to  notify  every  other  qualified  voter  in  such  district  of  such  meet- 
ing by  delivering  to  him  a  copy  of  such  notice  or  in  case  of  his 
absence  from  home,  by  leaving  a  copy  thereof,  or  so  much  thereof 
as  relates  to  the  time,  place  and  object  of  the  meeting,  at  the  place 
of  his  abode  at  least  twenty  days  prior  to  the  time  of  such 
meeting. 

§  143.  Notice  in  case  of  adjoining  districts.  1. 
Whenever  fifteen  persons,  entitled  as  aforesaid,  from  each  of  two 
or  more  adjoining  districts,  shall  unite  in  a  request  for  a  meeting 
2 


34  XEW   YOEK   STATE   EDUCATION   DEPARTMENT 

of  the  inhabitants  of  such  districts,  to  determine  whether  such 
districts  shall  be  consolidated  by  the  establishment  of  a  union  free 
school  therein,  it  shall  be  the  duty  of  the  trustees  of  such  districts, 
or  a  majority  of  them,  to  give  public  notice  of  such  meeting,  at 
some  convenient  place  within  such  districts,  and  as  central  as  may 
be,  within  the  time  and  to  be  published  and  served  in  the  manner 
set  forth  in  sections  one  hundred  forty-one  and  one  hundred 
forty-two  of   this   article,  in   each  of  such   districts. 

2.  The  commissioner  of  education  may  order  such  meeting 
under  the  conditions  and  in  the  manner  prescribed  in  section  one 
hundred  forty-one  of  this  article. 

§  144.  Expense  of  notice.  The  reasonable  expense  of  the 
publication  and  service  of  such  notice,  shall  be  chargeable  upon 
the  district,  in  case  a  union  free  school  is  established  by  the  meet- 
ing so  convened,  to  be  levied  and  collected  by  the  trustees,  as  in 
case  of  taxes  now  levied  for  school  purposes ;  but  in  the  event  that 
such  union  free  school  shall  not  be  established,  then  the  said  ex- 
pense shall  be  chargeable  upon  the  inhabitants  signing  the  request, 
jointly  and  severally,  to  be  sued  for,  if  necessary,  in  any  court  hav- 
ing jurisdiction  of  the  same. 

§  145.  Proceedings  at  meeting  and  effect  of  affirm- 
ative vote.  1.  iVny  such  meeting  held  pursuant  to  the  fore- 
going provisions  shall  be  organized  by  the  election  of  a  chair- 
man and  clerk  and  may  be  adjourned  from  time  to  time, 
by  a  majority  vote,  provided  that  such  adjournment  shall 
not  be  for  a  longer  period  than  ten  days ;  and  whenever  at 
any  such  meeting  duly  called  and  held  under  the  provisions 
of  sections  one  hundred  forty-one  and  one  hundred  forty- 
two  of  this  article,  at  least  fifteen  qualified  voters 
of  the  districts  shall  be  present;  or  at  such  meeting  duly  called 
and  held  under  the  provisions  of  section  one  hundred  forty-three 
of  this  article,  at  least  fifteen  qualified  voters  of  each  of  the  two 
or  more  adjoining  districts,  joining  in  the  request,  shall  be 
present,  such  meeting  may,  by  the  afiirmative  vote  of  a  majority 
present  and  voting,  adopt  a  resolution  to  establish  a  union  free 
school  in  said  district,  or  to  consolidate  the  two  or  more  adjoining 
districts  by  establishing  a  union  free  school  in  said  districts  pur- 
suant to  the  notice  of  said  meeting.  If  said  meeting  shall  deter- 
mine to  establish  a  union  free  school  in  said  districts  as  afore- 
said, it  shall  be  lawful  for  such  meeting  thereafter  to  proceed  to 
the  election  of  a  board  of  education  as  provided  in  sections  three 
hundred  and  one  and  three  hundred  and  two  of  this  chapter. 


EDUCATION    LAW  35 

2.  The  school  commissioner  in  whose  district  the  union  free 
school  district  is  thus  organized  shall  designate  such  district  aa 

union  free  school  district  number  ....  of  the  town  of 

and  the  said  board  shall  have  the  name  and  style  of  the  board  of 
education  of  (adding  the  designation  aforesaid). 

3.  Copies  of  said  request,  notice  of  meeting,  order  of  the  com- 
missioner of  education  directing  some  inhabitant  to  call  said  meet- 
ing, if  any,  and  minutes  of  said  meeting,  duly  certified  by  the 
chairman  and  clerk  thereof,  shall  be  transmitted  and  deposited, 
immediately  after  such  meeting  by  one  of  such  officers,  one  to 
and  with  the  town  clerk,  one  to  and  with  the  school  commissioner 
in  whose  jurisdiction  said  districts  are  located,  and  one  to  and 
with  the  commissioner  of  education. 

4.  If  at  any  such  meeting,  the  question  as  to  the  establishment 
of  a  union  free  school  shall  not  be  decided  in  the  affirmative,  as 
aforesaid,  then  all  further  proceedings  at  such  meeting,  except  a 
motion  to  reconsider  or  adjourn,  shall  be  dispensed  with,  and  no 
such  meeting  shall  be  again  called  within  one  year  thereafter. 

5.  When  any  such  meeting  shall  have  established  a  union  free 
school  in  said  districts,  such  union  free  school  district  shall  not  be 
dissolved  within  the  period  of  one  year  from  the  first  Tuesday 
of  August  next  after  such  meeting. 

§  146.  Meeting  to  determine  regarding  reorgani- 
zation as  common  school  district.  In  any  union  free 
school  district  established  under  the  laws  of  this  state,  and  which 
shall  have  been  established  for  the  period  of  one  year  or  more,  it 
shall  be  the  duty  of  the  board  of  education,  upon  the  application 
of  fifteen  resident  taxpayers  of  such  district,  to  call  a  special 
meeting  in  the  manner  prescribed  by  law,  for  the  purpose  of  de- 
termining whether  application  shall  be  made  in  the  manner  here- 
inafter provided,  for  the  dissolution  of  such  union  free  school 
district,  and  for  its  reorganization  as  one  or  more  common  school 
districts. 

§  147.  Result  of  vote  for  or  against  reorganization. 
1.  Whenever,  at  any  such  meeting  called  and  held  as  aforesaid,  it 
shall  be  determined  by  a  majority  vote  of  the  legal  voters  present 
and  voting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  not  to  dissolve  such  union  free  school  district,  no  other 
meeting  for  a  similar  purpose  shall  be  held  in  said  district  within 
three  years  from  the  time  the  first  meeting  was  held. 


36  NEW   YOKK   STATE   EDUCATIOI^   DEPARTMENT 

2.  Whenever  at  any  such  meeting  called  and  held  as  aforesaid 
it  shall  be  determined  by  a  two-thirds  vote  of  the  legal  voters  pres- 
ent and  voting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  to  dissolve  such  union  free  school  district,  it  shall  be 
the  duty  of  the  board  of  education  to  present  to  the  school  com- 
missioner of  the  commissioner  district  in  which  said  union  free 
school  is  situated,  a  certified  copy  of  the  call,  notice  and  proceed- 
ings. If  such  school  commissioner  shall  approve  the  proceedings 
of  said  meeting,  he  shall  certify  the  same  to  the  board  of  educa- 
tion. Such  approval  shall  not  take  effect  until  the  day  preceding 
the  first  Tuesday  of  August  next  succeeding;  but  after  that  date 
such  district  shall  cease  to  be  a  union  free  school  district. 

§  148.  Reversion  to  form  of  original  school  dis- 
tricts. If  any  union  free  school  district  dissolved  under  the 
foregoing  provisions  shall  have  been  established  by  the  consolida- 
tion of  two  or  more  districts,  it  shall  be  lawful  for  such  school 
commissioner  to  order  that  its  territory  be  divided  into  two  or 
more  districts,  to  correspond,  so  far  as  practicable,  with  the  dis- 
tricts theretofore  consolidated. 

§  149.  School  commissioner  may  require  equality 
of  partition.  Such  school  commissioner  may  make  his  ap- 
proval of  the  proceedings  of  any  such  meeting  held  as  aforesaid 
conditional  upon  the  payment,  by  the  district  which  has  been 
most  greatly  benefited  by  the  consolidation  in  the  way  of  buildings 
and  other  improvements  to  the  other  districts  into  which  the  said 
union  free  school  district  is  divided,  of  such  sum  of  money  as  he 
may  deem  equitable. 

§  150.  Effect  of  veto  by  school  commissioner  re- 
garding subsequent  meeting.  If  such  school  commis- 
sioner shall  not  approve  the  proceedings  of  any  such  meeting,  held 
as  aforesaid,  for  the  purpose  of  dissolving  a  union  free  school 
district,  no  other  meeting  shall  be  held  in  such  district,  for  a 
similar  purpose,  within  three  years  from  the  time  the  first  meet- 
ing was  held. 

§  151.  Report  of  proceedings  to  commissioner  of 
education.  Whenever  the  proceedings  of  a  meeting,  held  as 
aforesaid,  for  the  purpose  of  dissolving  a  union  free  school  dis- 
trict, shall  have  been  approved  by  such  school  commissioner  and 
shall  have  been  certified  by  him  to  the  board  of  education,  it  shall 
be  the  duty  of  the  board  of  education  of  the  district  affected  forth- 
with to  file  with  the  commissioner  of  education,  copies  of  the 


EDUCATIOI^    LAW  37 

call,  notice,  proceedings  of  the  meeting,  and  the  action  taken  by 
such  school  commissioner  thereon. 
§  152.   Distribution  of  moneys  on  dissolution.     All 

moneys  remaining  in  the  hands  of  the  treasurer  of  the  union 
free  school  district  when  the  order  of  dissolution  shall  take  effect 
shall  be  apportioned  equitably  among  the  several  districts  into 
which  such  union  free  school  district  is  divided,  and  shall  be  paid 
over  to  the  collectors  or  treasurers  of  such  districts  when  they  shall 
have  been  elected  and  have  qualified  according  to  law. 

§  153.  School  property  exempt  from  taxation.  The 
grounds,  buildings,  furniture,  books,  apparatus  and  all  other  prop- 
erty of  a  school  district  shall  not  be  subject  to  taxation  for  any 
purpose. 

§  154.  Application  of  funds  obtained  from  sale  of 
scbool  property.  All  moneys  obtained  from  the  sale  of  any 
school  property  authorized  under  the  provisions  of  this  chapter 
shall  be  applied  for  the  benefit  of  the  district  as  directed  by  the 
voters  thereof  in  any  annual  or  special  meeting, 

ARTICLE  6 
School  Neig'liborlioods 

Section  170.  Setting  off  school  neighborhoods. 

171.  Neighborhood  meetings. 

172.  Duties  of  neighborhood  clerk  and  trustee. 

§  170.  Setting  off  school  neigliborhoods.  Each  school 
commissioner  in  respect  to  the  territory  within  his  district  shall 
have  power,  with  the  approval  of  the  commissioner  of  education, 
to  set  off  by  itself  any  neighborhood  adjoining  any  other  state 
of  the  union,  where  it  shall  be  found  most  convenient  for  the 
inhabitants  to  send  their  children  to  a  school  in  such  adjoining 
state,  and  to  deliver  to  the  town  clerk  of  the  town  in  which  it  lies, 
in  whole  or  in  part,  a  description  of  each  such  separate  neighbor- 
hood. He  shall  also  prepare  a  notice,  describing  such  neighbor- 
hood, and  appointing  a  time  and  place  for  the  first  neighborhood 
meeting,  and  deliver  such  notice  to  a  taxable  inhabitant  of  such 
neighborhood.  It  shall  be  the  duty  of  such  inhabitant  to  notify 
every  other  inhabitant  of  the  neighborhood,  qualified  to  vote  at 
the  meeting,  by  reading  the  notice  in  his  hearing,  or,  in  case  of 
his  absence  from  home,  by  leaving  a  copy  thereof,  or  so  much 


38  JSTEW   YORK   STATE   EDUCATION   DEPARTMENT 

thereof  as  relates  to  the  time,  place  and  object  of  the  meeting,  at 
the  place  of  his  abode,  at  least  six  days  before  the  time  of  the 
meeting.  In  case  such  meeting  shall  not  be  held,  and  in  the 
opinion  of  the  school  commissioner  it  shall  be  necessary  to  hold 
such  meeting  before  the  time  herein  fixed  for  the  first  annual 
meeting,  he  shall  deliver  another  such  notice  to  a  taxable  inhab- 
itant of  the  neighborhood,  who  shall  serve  it  as  hereinbefore 
provided. 

§  171.  Neighborhood  meetings.  The  annual  meeting  of 
each  neighborhood  shall  be  held  on  the  first  Tuesday  of  August  in 
each  year,  at  the  hour  and  place  fixed  by  the  last  previous  neigh- 
borhood meeting;  or,  if  such  hour  and  place  has  not  been  so 
fixed,  then  at  the  hour  and  place  of  such  last  meeting ;  or, 
if  such  place  be  no  longer  accessible,  then  at  such  other  place  as 
the  trustee,  or,  if  there  be  no  trustee,  the  clerk,  shall  in  the  notices 
designate.  The  proceedings  of  no  neighborhood  meeting,  annual 
or  special  shall  be  held  illegal  for  want  of  a  due  notice  to  all  the 
persons  qualified  to  vote  thereat,  unless  it  shall  appear  that  the 
omission  to  give  such  notice  was  wilful  and  fraudulent.  The 
inhabitants  of  any  neighborhood,  entitled  to  vote,  when  assembled 
in  any  annual  meeting  or  any  special  meeting  called  by  the  com- 
missioner as  above  provided,  shall  have  power,  by  a  majority  vote 
of  those  present,  to  appoint  a  chairman  for  the  time  being,  and  to 
choose  a  neighborhood  clerk  and  one  trustee,  and  to  fill  vacancies 
in  office.  The  provisions  of  article  seven  of  this  chapter,  shall 
apply  to  and  govern  such  meeting,  so  far  as  the  same  can  in  sub- 
stance be  applied  to  the  proceedings ;  and  the  provisions  of  article 
eight  of  this  chapter  shall  apply  to  and  govern  the  officers  of  such 
neighborhood,  so  far  as  the  same  can  in  substance  be  applied 
thereto. 

§  172.  Duties  of  neighborhood  clerk  and  trustee. 
The  neighborhood  clerk  shall  keep  a  record  of  the  proceedings 
of  his  neighborhood,  and  of  the  reports  of  the  trustees,  and  de- 
liver the  same  to  his  successor.  In  case  such  neighborhood  shall 
be  annexed  to  a  district  within  this  state  its  records  shall  be  filed 
in  the  office  of  the  clerk  of  such  district.  The  trustee  shall,  be- 
tween the  twenty-fifth  day  of  July  and  the  first  day  of  August 
in  every  year,  make  his  annual  report  to  the  school  commissioner, 
and  file  it  in  the  office  of  the  clerk  of  the  town  of  which  the  neigh- 
borhood is  a  part.  Such  report  shall  specify  the  whole  amount  of 
public  moneys  received  during  the  year  and  from  what  public 


EDUCATION    LAW  39 

officer,  and  the  manner  in  which  it  was  expended ;  the  whole  num- 
ber of  such  children  as  can  be  included  in  the  district  trustees' 
report  residing  in  the  neighborhood  on  the  thirtieth  day  of  August 
prior  to  the  making  of  such  report;  and  any  other  matters  which 
the  commissioner  of  education  may  require. 

ARTICLE  7 
District  Meeting's 

Section  190.  l^otice  of  first  meeting  of  district. 

191.  Service  of  notice  of  first  meeting  of  district. 

192.  Second  notice  of  first  meeting  of  district. 

193.  iN'otice  of  annual  meeting. 

194.  Time  and  place  of  annual  meeting. 

195.  Annual  meetings  of  districts  re-formed  after  dissolu- 

tion. 

196.  Special  meeting  to  transact  business  of  annual  meet- 

ing. 

197.  Special  meetings   in  common   school   districts. 

198.  Special  meetings  in  union  free  school  *district. 

199.  Call  of  special  district  meeting  by  school  commis- 

sioner. 

200.  Effect  of  want  of  due  notice  of  district  meetings. 

201.  Penalty  for  failure  to  serve  notice. 

202.  Duty  to  attend  district  meetings. 

203.  Qualifications  of  voters  at  district  meetings. 

204.  Declaration  in  case  of  challenge  of  voter. 

205.  Penalty  for  false  declaration  or  unauthorized  vote. 

206.  Powers  of  voters. 

207.  Vote  on  proposition  to  expend  money. 

§  190.  Notice  of  first  meeting;  of  district.  When- 
ever any  school  district  shall  be  formed,  the  school  commissioner 
or  any  one  or  more  of  such  commissioners,  within  whose  districts 
it  may  be,  shall  prepare  a  notice  describing  such  district,  and 
ap])ointing  a  time  and  place  for  the  first  district  meeting,  and 
deliver  such  notice  to  a  taxable  inhabitant  of  the  district. 

§  191.  Service  of  notice  of  first  meeting  of  district. 
It  shall  be  the  duty  of  such  inhabitant  to  notify  every  other  in- 
habitant  of   the   district   qualified   to   vote   at    the  meeting,   by 

*  So  in  original. 


40  NEW   YORK   STATE   EDUCATION   DEPARTMENT 

delivering  to  him  a  copy  of  the  notice  of  such  meeting,  or  in  case 
of  his  absence  from  home,  by  leaving  a  copy  thereof,  or  so  much 
thereof  as  relates  to  the  time,  place  and  object  of  the  meeting,  at 
the  place  of  his  abode,  at  least  six  days  before  the  time  of  the 
meeting. 

§  192.  Second  notice  of  first  meeting  of  district. 
In  case  such  meeting  shall  not  be  held,  and  in  the  opinion  of  the 
school  commissioner  it  shall  be  necessary  to  hold  such  meeting, 
before  the  time  herein  fixed  for  the  first  annual  meeting,  he  shall 
deliver  another  such  notice  to  a  taxable  inhabitant  of  the  district, 
who  shall  serve  it  as  provided  in  section  one  hundred  and  ninety- 
one. 

§  193.  Notice  of  annual  meeting.  1.  The  district  clerk 
of  each  common  school  district  shall  give  notice  of  the  time  and 
place  of  the  annual  meeting  by  posting  five  notices  of  such  meet- 
ing in  five  conspicuous  places  in  the  district  five  days  previous  to 
the  date  of  such  meeting.  One  of  such  notices  must  be  posted 
on  the  front  door  of  the  school-house. 

2.  The  clerk  of  each  union  free  school  district  shall  give  notice 
of  the  time  and  place  of  the  annual  meeting  by  publishing  a 
notice  once  in  each  week  for  the  four  weeks  next  preceding  such 
district  meeting,  in  two  newspapers  if  there  shall  be  two,  or  in  one 
newspaper  if  there  shall  be  but  one,  published  in  such  district. 
But  if  no  newspaper  shall  then  be  published  therein,  the  said 
notice  shall  be  posted  in  at  least  twenty  of  the  most  public  places 
in  said  district  twenty  days  before  the  time  of  such  meeting. 

§  194.  Time  and  place  of  annual  meeting.  The  an- 
nual meeting  of  each  school  district  shall  be  held  on  the  first  Tues- 
day of  May  in  each  year,  and,  unless  the  hour  and  place 
thereof  shall  have*  been  fixed  by  a  vote  of  a  previous  district 
meeting,  the  same  shall  be  held  in  the  school-house  at  seven-thirty 
o'clock  in  the  evening.  If  a  district  possesses  more  than  one 
school-house,  it  shall  be  held  in  the  one  usually  employed  for  that 
purpose,  unless  the  trustees  designate  another.  If  the  district 
possesses  no  school-house,  or  if  the  school-house  shall  not  be  acces- 
sible, then  the  annual  meeting  shall  be  held  at  such  place  as  a  trus- 
t-ee,  or,  if  there  be  no  trustee,  the  clerk,  shall  designate  in  the 
notice.  (Thus  amended  by  L.  1910,  ch.  442,  in  effect  Septem- 
ber 1,  1910.) 


EDUCATION"    LAW  41 

§  195.  Annual  meetings  of  districts  re-formed 
after  dissolution.  The  districts  formed  by  the  dissolution 
of  a  union  free  school  district,  as  provided  in  sections  one  hun- 
dred and  twentv-nine  and  one  hundred  and  thirty  of  this  chapter, 
shall  hold  their  annual  meetings  on  the  first  Tuesday  of  August 
next  after  the  dissolution  of  such  union  free  school  district,  and 
shall  elect  officers  as  now  required  by  law. 

§  196.  Special  meeting  to  transact  business  of  an- 
nual meeting.  Whenever  the  time  for  holding  the  annual 
meeting  in  school  districts  shall  pass  without  such  meeting  being 
held  in  a  district,  a  special  meeting  shall  thereafter  be  called  by 
the  trustees  or  by  the  clerk  of  such  district  for  the  purpose  of 
transacting  the  business  of  the  annual  meeting;  and  if  no  such 
meeting  be  called  by  the  trustees  or  the  clerk  within  ten  days  after 
such  time  shall  have  passed,  the  school  commissioner  of  the  com- 
missioner district  in  which  said  school  district  is  situated  or  the 
commissioner  of  education  may  order  any  inhabitant  of  such  dis- 
trict to  give  notice  of  such  meeting  in  the  manner  provided  in  sec- 
tion one  hundred  ninety-one,  and  the  officers  of  the  district  shall 
make  to  such  meeting  the  reports  required  to  be  made  at  the  an- 
nual meeting,  subject  to  the  same  penalty  in  case  of  neglect;  and 
the  officers  elected  at  such  meeting  shall  hold  their  respective 
offices  only  until  the  next  annual  meeting  and  until  their  suc- 
cessors are  elected  and  shall  have  qualified. 

§  197.  Special  meetings  in  common  school  districts. 
1.  A  special  district  meeting  shall  be  held  whenever  called  by  the 
trustees.  The  notice  thereof  shall  state  the  purposes  for  which  it 
is  called,  and  no  business  shall  be  transacted  at  such  special  meet- 
ing, except  that  which  is  specified  in  the  notice;  and  the  district 
clerk,  or,  if  the  office  be  vacant,  or  the  clerk  be  sick  or  absent,  or 
shall  refuse  to  act,  a  trustee,  or  some  taxable  inhabitant,  by  order 
of  the  trustees,  shall  serve  the  notice  upon  each  inhabitant  of  the 
district  qualified  to  vote  at  district  meetings,  at  least  six  days  be- 
fore the  day  of  the  meeting,  in  the  manner  prescribed  in  section 
one  hundred  ninety-one. 

2.  The  inhabitants  of  a  district  may,  at  any  annual  meeting, 
adopt  a  resolution  prescribing  some  other  mode  of  giving  notice 
of  special  meetings,  which  resolution  and  the  mode  prescribed 
thereby  shall  continue  in  force  until  rescinded  or  modified  at  some 
subsequent  annual  meeting. 


42  NEW   YOEK   STATE   EDUCATION   DEPARTMENT 

§  198.  Special  meetings  in  union  free  school  dis- 
tricts. 1.  Boards  of  education  shall  have  power  to  call  special 
meetings  of  the  inhabitants  of  their  respective  districts  whenever 
they  shall  deem  it  necessary  and  proper,  in  the  manner  prescribed 
in  subdivision  two  of  section  one  hundred  and  ninety-three  of  this 
chapter. 

2.  In  union  free  school  districts  whose  limits  correspond  with 
.those  of  any  incorporated  village  or  city,  the  boards  of  education 
shall  have  power  to  call  special  meetings  of  the  inhabitants  of 
their  respective  districts  for  the  purposes  mentioned  in  section 
four  hundred  and  sixty-seven  in  the  manner  prescribed  in  said 
subdivision  two  of  section  one  hundred  and  ninety-three. 

§  199.  Call  of  special  district  meeting  by  school 
commissioner.  When  the  clerk  and  all  the  trustees  of  a 
school  district  shall  have  removed  from  the  district,  or  their  office 
shall  be  vacant,  so  that  a  special  meeting  can  not  be  called,  as 
hereinbefore  provided,  the  school  commissioner  may  in  like  man- 
ner give  notice  of,  and  call  a  special  district  meeting. 

§  200.  Effect  of  want  of  due  notice  of  district 
meetings.  The  proceedings  of  no  district  meeting,  annual  or 
special,  shall  be  held  illegal  for  want  of  a  due  notice  to  all  the  per- 
sons qualified  to  vote  thereat,  unless  it  shall  appear  that  the  omis- 
sion to  give  such  notice  was  wilful  and  fraudulent. 

§  201.  Penalty  for  failure  to  serve  notice.  Every 
taxable  inhabitant,  to  whom  a  notice  of  any  district  meeting  shall 
be  delivered  for  service  pursuant  to  any  provisions  of  this  article, 
who  shall  refuse  or  neglect  to  serve  the  same,  as  hereinbefore 
prescribed,  shall  forfeit  five  dollars  for  the  benefit  of  the  district. 

§  202.  Duty  to  attend  district  meetings.  Whenever 
any  district  meeting  shall  be  duly  called,  it  shall  be  the  duty  of 
the  inhabitants  qualified  to  vote  thereat,  to  assemble  at  the  time 
and  place  fixed  for  the  meeting. 

§  203.  Qualifications  of  voters  at  district  meetings. 
A  person  shall  be  entitled  to  vote  at  any  school  meeting  for  the 
election  of  school  district  officers,  and  upon  all  other  matters  which 
may  be  brought  before  such  meeting  who  is: 

1.  A  citizen  of  the  United  States. 

2.  Twenty-one  years  of  age, 

3.  A  resident  within  the  district  for  a  period  of  thirty  days 
next  preceding  the  meeting  at  which  he  offers  to  vote;  and  who  in 
addition  thereto  possesses  one  of  the  following  four  qualifications : 


EDUCATIOI^    LAW  43 

a.  Owns  or  hires,  or  is  in  the  possession  under  a  contract  of 
purchase  of  real  property  in  such  district  liable  to  taxation  for 
school  purposes,  or 

b.  Is  the  parent  of  a  child  of  school  age,  provided  such  child 
shall  have  attended  the  district  school  in  the  district  in  which 
the  meeting  is  held  for  a  period  of  at  least  eight  weeks  during 
the  year  preceding  such  school  meeting,  or 

c.  JSTot  being  the  parent,  has  permanently  residing  with  him 
a  child  of  school  age  who  shall  have  attended  the  district  school 
for  a  period  of  at  least  eight  weeks  during  the  year  preceding 
such  meeting,  or 

d.  Owns  any  personal  property,  assessed  on  the  last  preceding 
assessment-roll  of  the  town,  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution. 

'No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
meeting,  by  reason  of  sex,  who  has  the  other  qualifications  re- 
quired by  this  section. 

§  204.  Declaration  in  case  of  challenge  of  voter. 
If  a  person  offering  to  vote  at  any  school  district  meeting  shall 
be  challenged  as  unqualified,  by  any  legal  voter  in  such  district, 
the  chairman  presiding  at  such  meeting  shall  require  the  person 
so  offering,  to  make  the  following  declaration :  "  I  do  declare  and 
affirm  that  I  am,  and  have  been,  for  the  thirty  days  last  past,  an 
actual  resident  of  this  school  district  and  that  I  am  qualified  to 
vote  at  this  meeting."  And  every  person  making  such  declaration 
shall  be  permitted  to  vote  on  all  questions  proposed  at  such  meet- 
ing; but  if  any  person  shall  refuse  to  make  such  declaration,  his 
vote  shall  be  rejected. 

§  205.  Penalty  for  false  declaration  or  unantlior<^ 
ized  vote.  A  person  who  shall  wilfully  make  a  false  declara- 
tion of  his  right  to  vote  at  a  school  meeting,  after  his  right  to 
vote  thereat  has  been  challenged,  shall  be  deemed  guilty  of  a  mis- 
demeanor. And  a  person  not  qualified  to  vote  at  such  meeting, 
who  shall  vote  thereat,  shall  thereby  forfeit  ten  dollars,  to  be  sued 
for  by  the  supervisor  for  the  benefit  of  the  common  schools  of  the 
town. 

§  206.  Powers  of  voters.  The  inhabitants  entitled  to  vote, 
when  duly  assembled  in  any  district  meeting,  shall  have  power, 
by  a  majority  of  the  votes  of  those  present: 

1.  To  appoint  a  chairman. 

2.  To  appoint  a  clerk  for  the  time  if  the  district  clerk  is  absent. 


44  IS^EW   YORK   STATE   EDUCATION   DEPARTMENT 

3.  To  adjourn  from  time  to  time  as  occasion  may  require. 

4.  To  elect  one  or  three  trustees  as  hereinafter  provided,  a  dis- 
trict clerk  and  a  district  collector,  and  in  any  district  which  shall 
so  determine,  as  hereinafter  provided,  to  elect  a  treasurer,  at  their 
first  meeting,  and  so  often  as  such  offices  or  any  of  them  become 
vacated,  except  as  hereinafter  provided. 

5.  At  the  first  meeting,  or  at  any  subsequent  annual  meeting, 
or  at  any  special  meeting  duly  called  for  that  purpose,  the  quali- 
fied voters  of  any  school  district  are  authorized  to  adopt  by  a  vote 
of  a  majority  of  such  voters  present  and  voting,  to  be  ascertained 
by  taking  and  recording  the  ayes  and  noes,  a  resolution  to  elect 
a  treasurer  of  said  district,  who  shall  be  the  custodian  of  all 
moneys  belonging  to  said  district,  and  the  disbursing  officer  of 
such  moneys.  If  such  resolution  shall  be  adopted,  such  voters 
shall  thereupon  elect  by  ballot  a  treasurer  for  said  district.  Any 
person  elected  treasurer  at  any  meeting  other  than  an  annual 
meeting,  shall  hold  office  until  the  next  annual  meeting  after  such 
election,  and  until  his  successor  shall  be  elected  or  appointed, 
and  thereafter  a  treasurer  shall  be  elected  at  each  annual  meet- 
ing for  the  term  of  one  year.  {Thus  amended  by  L.  1910,  ch. 
4:4:2j  in  effect  September  1,  1910.) 

6.  To  fix  the  amount  in  which  the  collector  and  treasurer  shall 
give  bonds  for  the  due  and  faithful  performance  of  the  duties  of 
their  offices. 

7.  To  designate  a  site  for  a  school-house,  or,  with  the  consent 
of  the  school  commissioner  within  whose  district  the  school  dis- 
trict lies,  to  designate  sites  for  two  or  more  school-houses  for  the 
district.  Such  designation  of  a  site  for  a  school-house  can  be 
made  only  at  a  special  meeting  of  the  district,  duly  called  for 
such  purpose  by  a  written  resolution  in  which  the  proposed  site 
shall  be  described  by  metes  and  bounds,  and  which  resolution  must 
receive  the  assent  of  a  majority  of  the  qualified  voters  present  and 
voting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes. 

8.  To  vote  a  tax  upon  the  taxable  property  of  the  district  to 
purchase,  lease  and  improve  such  sites  or  an  addition  to  such  sites ; 
to  hire  or  purchase  rooms  or  buildings  for  school-rooms  or  school- 
houses,  or  to  build  school-houses;  and  to  keep  in  repair  and  fur- 
nish the  same  with  necessary  fuel,  furniture  and  appurtenances. 

9.  To  vote  a  tax,  not  exceeding  twenty-five  dollars  in  any  one 
year,  for  the  purchase  of  maps,  globes,  blackboards  and  other 


EDUCATIOJ^    LAW  45 

scliool  apparatus,   and  for  the  purchase  of  text-books  and  other 
school  necessaries  for  the  use  of  poor  scholars  of  the  district. 

10.  To  vote  a  tax  for  the  establishment  of  a  school  library  and 
the  maintenance  thereof,  or  for  the  support  of  any  school  library 
already  owned  by  said  district,  and  for  the  purchase  of  books 
therefor,  and  such  sum  as  they  may  deem  necessary  for  the  pur- 
chase of  a  book-case. 

11.  To  vote  a  tax  to  supply  a  deficiency  in  any  former  tax 
arising  from  such  tax  being,  in  whole  or  in  part,  uncollectible. 

12.  To  authorize  the  trustees  to  cause  the  school-houses,  and 
their  furniture,  appurtenances  and  school  apparatus  to  be  insured 
by  any  insurance  company  created  by  or  under  the  laws  of  this 
state,  or  any  other  insurance  company  authorized  by  law  to  trans- 
act business  in  this  state. 

13.  To  alter,  repeal  and  modify  their  proceedings,  from  time  to 
time,  as  occasion  may  require. 

14.  To  vote  a  tax  for  the  purchase  of  a  book  for  the  purpose  of 
recording  their  proceedings. 

15.  To  vote  a  tax  to  replace  moneys  of  the  district,  lost  or 
embezzled  by  district  officers ;  and  to  pay  the  reasonable  expenses 
incurred  by  district  officers  in  defending  suits  or  appeals  brought 
against  them  for  their  official  acts,  or  in  prosecuting  suits  or 
appeals  by  direction  of  the  district  against  other  parties. 

16.  To  vote  a  tax  to  pay  whatever  deficiency  there  may  be  in 
teachers'  wages  after  the  public  money  apportioned  to  the  district 
shall  have  been  applied  thereto. 

17.  To  vote  a  tax  to  pay  and  satisfy  of  record  any  judgments 
of  a  competent  court  which  may  have  been  or  shall  hereafter  be 
obtained  in  an  action  against  the  trustees  of  the  district  for  unpaid 
teachers'  wages,  where  the  time  to  appeal  from  said  judgments 
shall  have  lapsed,  or  there  shall  be  no  intent  to  appeal  on  the  part 
of  such  district,  or  the  said  judgments  are  or  shall  be  of  the  court 
of  last  resort. 

18.  Whenever  any  district  shall  have  contracted  with  the  school 
authorities  of  any  city,  or  other  school  district  for  the 
education  therein  of  the  pupils  residing  in  such  school  district,  or 
whenever  in  any  school  district  children  of  school  age  shall  reside 
so  remote  from  the  school-house  therein  that  they  are  practically 
deprived  of  school  advantages  during  any  portion  of  the  school 
year,  the  inhabitants  thereof  entitled  to  vote  are  authorized  to 


46  I^EW   YORK   STATE   EDUCATION   DEPARTMENT 

provide,  by  tax  or  otherwise,  for  the  conveyance  of  any  or  all 
pupils  residing  therein  to  the  schools  of  such  city,  or 
district  with  which  such  contract  shall  have  been  made,  or  to  the 
school  maintained  in  said  district,  and  the  trustees  thereof  may 
contract  for  such  conveyance  when  so  authorized  in  accordance 
with  such  rules  and  regulations  as  they  may  establish,  and  for 
the  purpose  of  defraying  any  expense  incurred  in  carrying  out 
the  provisions  of  this  subdivision,  they  may  if  necessary  use  any 
portion  of  the  public  money  apportioned  to  such  district  as  a 
district  quota. 

§  207.  Vote  on  proposition  to  expend  money.  Tn 
all  propositions  arising  at  said  district  meetings,  involving  the 
expenditure  of  money,  or  authorizing  the  levy  of  taxes,  the  vote 
thereon  shall  be  by  ballot,  or  ascertained  by  taking  and  recording 
the  ayes  and  noes  of  such  qualified  voters  attending  and  voting 
at  such  district  meetings. 

ARTICLE  8 
School  District  Officers;  General  Provisions 

Section  220.  Officers  of  district. 

221.  Qualifications  of  officers. 

222.  Ineligibility  to  office. 

223.  Oath  of  office. 

224.  Terms  of  office. 

225.  Terms  of  officers  of  newly  created  district. 

226.  l^umber  of  trustees;   determination  of  change. 

227.  Election  of  officers. 

228.  Notice  and  acceptance  of  election. 

229.  Refusal  of  trustee  to  serve. 

230.  Penalty  for  refusal  to  serve  or  perform  duty. 

231.  Resignation  of  district  officers. 

232.  Vacating  office. 

233.  Filling  vacancy  in  office  of  trustee. 

234.  Filling    vacancy    in    office    of    clerk,    collector    or 

treasurer. 

235.  Notice  of  appointment   to   fill  vacancy   and  filing 

thereof. 

236.  District    records,    books,     et    cetera,     are    district 

property. 


EDUCATION"    LAW  47 

§  220.  Officers  of  district.  1.  Each  school  district  shall 
have  from  one  to  three  trustees  as  the  district  determines,  a  clerk, 
a  collector  and  if  the  district  so  decides  a  treasurer. 

2.  A  union  free  school  district  shall  have  from  three  to  nine 
trustees  as  the  district  shall  determine. 

§  221.  Qualifications  of  officers.  Every  school  district 
officer  must  be  able  to  read  and  write  and  must  be  a  qualified 
voter  of  the  district. 

§  222.  Ineligibility  to  office.  1.  No  school  commissioner 
or  supervisor  is  eligible  to  the  office  of  trustee  or  member  of  a 
board  of  education,  and  no  trustee  can  hold  the  office  of  district 
clerk,  collector,  treasurer  or  librarian. 

2.  A  person  removed  from  a  school  district  office  shall  be  in- 
eligible to  appointment  or  election  to  any  district  office  for  a  period 
of  one  year  from  the  date  of  such  removal. 

3.  'Not  more  than  one  member  of  a  family  shall  be  a  member 
of  the  same  board  of  education  in  any  school  district. 

§  223.  Oath  of  office.  No  officer  of  a  school  district  shall 
be  required  to  take  the  constitutional  oath  of  office. 

§  224.  Terms  of  office.  1.  In  a  district  having  three  or 
more  trustees  the  full  term  of  office  of  trustee  shall  be  three  years, 
but  a  trustee  may  be  elected  for  one  or  two  years  as.  provided  in 
this  chapter. 

2.  In  a  district  having  a  sole  trustee  the  term  of  office  of  trustee 
shall  be  one  year. 

3.  The  term  of  office  of  all  other  district  officers  shall  be  one 
year. 

4.  One  year,  within  the  meaning  of  this  section,  is  a  school  year. 
A  school  year  shall  be  from  August  first  until  July  thirty-first  fol- 
lowingi  (Thus  amended  by  L.  1910,  cli.  4:4:2,  in  effect  September 
],  1910.) 

§  225.  Terms  of  officers  of  newly  created  district. 
The  terms  of  all  officers  elected  at  the  first  meeting  of  a  newly 
created  district  shall  expire  on  the  first  Tuesday  of  August,  next 
thereafter. 

§  226.  Number  of  trustees;  determination  of 
change.  1.  At  the  first  annual  meeting  next  after  the  erection  of 
a  district  the  electors  shall  determine,  by  resolution,  whether  the 
district  shall  have  one  or  three  trustees ;  and  if  they  resolve  to  have 
three  trustees,  shall  elect  the  three  for  one,  two  and  three  years, 
respectively,  and  shall  designate  by  their  votes  for  which  term  each 


48  IS'EW   YORK   STATE   EDUCATION   DEPARTMENT 

is  elected;  thereafter  in  such  district,  one  trustee  shall  be  elected 
at  each  annual  meeting  to  fill  the  office  of  the  outgoing  trustee. 

2.  The  electors  of  any  district  having  three  trustees  shall  have 
power  to  decide  at  any  annual  meetiug  by  a  majority  vote  of  those 
jjresent  and  voting,  whether  the  district  shall  have  a  sole  trustee 
or  three  trustees.  If  they  resolve  to  have  a  sole  trustee,  the  trus- 
tees in  office  shall  continue  in  office  until  their  terms  of  office  shall 
expire.  "No  election  of  a  trustee  shall  be  had  in  the  district  until 
the  offices  of  such  trustees  shall  become  vacant  by  the  expiration 
of  their  terms  of  office  or  otherwise,  and  thereafter  but  one  trus- 
tee shall  be  elected  for  said  district. 

3.  The  electors  of  a  district  having  but  one  trustee  may  deter- 
mine at  an  annual  meeting,  by  a  two-thirds  vote  of  the  legal  voters 
present  thereat,  to  have  three  trustees;  and  upon  the  adoption  of 
a  resolution  to  that  effect,  shall  proceed  to  elect  three  trustees  or 
such  number  as  may  be  necessary  to  form  a  board  of  three  trus- 
tees, in  the  same  manner  as  provided  in  this  section  for  the  elec- 
tion of  three  trustees  at  the  first  annulal  meeting  after  the  erection 
of  a  district;  and  thereafter  in  such  district,  one  trustee  shall  be 
elected  for  three  years,  at  each  annual  meeting,  to  fill  the  office  of 
the  outgoing  trustee. 

§  227.  Election  of  officers.  1.  All  district  officers  shall 
be  elected  by  ballot  and  the  trustees  shall  provide  a  suitable  ballot 
box  for  such  purpose. 

2.  Two  inspectors  of  election  shall  be  appointed  in  such  manner 
as  the  meeting  shall  determine,  who  shall  receive  the  votes  cast, 
canvass  the  same  and  announce  the  result  of  the  ballot  to  the  chair- 
man. 

3.  A  poll-list  containing  the  name  of  every  person  whose  vote 
shall  be  received  shall  be  kept  by  the  clerk  of  the  meeting. 

4.  The  ballots  shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  containing  the  name  of  the  person  voted  for  and 
designating  the  office  for  which  each  is  voted. 

5.  The  chairman  shall  declare  to  the  meeting  the  result  of  each 
ballot,  as  announced  to  him  by  the  inspectors,  and  the  persons  hav- 
ing the  majority  of  votes,  respectively,  for  the  several  officers,  shall 
be  elected. 

§  228.  Notice  and  acceptance  of  election.  1.  The 
district  clerk  shall  forthwith  notify  in  writing  each  person  elected 
to  office  of  his  election  and  the  date  thereof. 


EDUCATION    LAW  49 

2.  Such  person  shall  be  deemed  to  have  accepted  the  office, 
unless  within  five  days  after  the  service  of  such  notice,  he  shall 
file  his  written  refusal  with  the  clerk.  The  presence  of  any  such 
person  at  the  meeting  which  elects  him  to  office,  shall  be  deemed 
a  sufficient  notice  to  him  of  his  election. 

§  229.  Refusal  of  trustee  to  serve.  A  trustee  who 
publicly  declares  that  he  will  not  accept  or  serve  in  the  office  of 
trustee,  or  refuses  or  neglects  to  attend  three  successive  meetings 
of  the  board,  of  which  he  is  duly  notified,  without  rendering  a 
good  and  valid  excuse  therefor  to  the  other  trustees  vacates  his 
office  by  refusal  to  serve. 

§  230.  Penalty  for  refusal  to  serve  or  perform  duty. 

1.  Every  person  chosen  or  appointed  to  a  school  district  office 
and  being  duly  qualified  to  fill  the  same  who  shall  refuse  to  serve 
therein  shall  forfeit  the  sum  of  ^Ye  dollars. 

2.  Every  person  chosen  or  appointed  to  a  school  district  office 
and  not  refusing  to  accept  the  same  who  shall  wilfully  neglect  or 
refuse  to  perform  any  duty  thereof  shall  by  such  neglect  or  refusal 
vacate  his  office  and  also  forfeit  the  sum  of  ten  dollars. 

3.  The  school  commissioner  of  the  commissioner  district  wherein 
any  such  person  resides  may  accept  his  written  resignation  of  the 
office,  and  the  filing  of  such  resignation  and  acceptance  in  the 
office  of  the  district  clerk  shall  be  a  bar  to  the  recovery  of  either 
penalty  under  this  section. 

4.  These  penalties  shall  be  for  the  benefit  of  the  district  for 
which  such  officer  was  appointed  or  elected. 

§  231.  Resignation  of  district  officers.  A  school  dis- 
trict officer  may  resign  to  a  district  meeting.  Such  officer  shall 
also  be  deemed,  to  have  resigned  if  he  files  a  written  resignation 
with  the  school  commissioner  of  his  district  and  such  commissioner 
endorses  thereon  his  approval  and  files  the  same  with  the  district 
clerk. 

§  232.  Vacating  office.  1.  A  school  district  office  becomes 
vacant  by  the  death,  resignation,  refusal  to  serve,  incapacity,  re- 
moval from  the  district  or  from  office. 

2.  The  collector  or  treasurer  vacates  his  office  by  not  executing 
a  bond  to  the  trustees,  as  herein  required. 

Z.  A  trustee  or  a  member  of  a  board  of  education  vacates  his 
office  by  the  acceptance  of  either  the  office  of  school  commissioner 
or  supervisor. 


50  NEW   YORK   STATE   EDUCATIOIS'   DEPARTMENT 

§  233.  Filling;  vacancy  in  office  of  trustee.  1.  A  va- 
cancy in  the  office  of  trustee  in  any  district  may  be  filled  by 
election  within  thirty  days  after  it  occurs.  If  not  so  filled  the 
school  commissioner  of  the  commissioner  district,  within  which 
the  school-house  or  principal  school-house  of  the  district  is  situ- 
ated, may  appoint  a  competent  person  to  fill  it. 

2.  If  a  vacancy  in  the  office  of  trustee  in  a  union  free  school 
district  exists  the  commissioner  of  education  may  order  a  special 
election  for  filling  such  vacancy.  When  such  special  election  is 
ordered  the  vacancy  shall  not  be  filled  otherwise. 

3.  If  such  vacancy  is  supplied  by  a  district  meeting,  it  shall  be 
for  the  balance  of  the  unexpired  term;  but  when  such  vacancy 
is  supplied  by  appointment  by  a  school  commissioner  it  shall  be 
only  until  the  next  annual  meeting  of  the  district. 

§  234.  Filling  vacancy  in  office  of  clerk,  collector 
or  treasurer.  A  vacancy  in  the  office  of  clerk,  collector  or 
treasurer,  may  be  filled  by  appointment  by  the  trustees  of  the  dis- 
trict, and  the  appointees  shall  hold  their  respective  offices  until  the 
next  annual  meeting  of  the  district,  and  until  their  successors  are 
elected  and  have  qualified. 

§  235.  Notice  of  appointment  to  fill  vacancy  and 
filing  thereof.  Every  appointment  to  fill  a  vacancy  shall  be 
forthwith  filed,  by  the  school  commissioner  or  trustees  making 
it,  in  the  office  of  the  district  clerk,  who  shall  immediately  give 
notice  of  the  appointment  to  the  person  appointed. 

§  236.  District  records,  books,  etc.,  are  district 
property.  The  records,  books  and  papers  belonging  or  apper- 
taining to  the  office  of  any  officer  of  a  school  district  are  hereby 
declared  to  be  the  property  of  such  district  and  shall  be  open  for 
inspection  by  any  qualified  voter  of  the  district  at  all  reasonable 
hours,  and  any  such  voter  may  make  copies  thereof. 

ARTICLE  9 
District  Clerk;  Treasurer;  Collector 

Section  250.  Duties  of  district  clerk. 

251.  Duties  of  district  treasurer. 

252.  Collector's  bond. 

253.  Collector  to  disburse  teachers'  fund. 

254.  'Clerk,  treasurer  and  collector  in  union  free  school 

district. 


EDUCATION    LAW  51 

Section  255.  Payments  and  reports  by  collector. 

256.  Liability  of  collector  for  moneys  lost. 

257.  Remedy  of  trustees  against  collector  in  default. 

§  250.  Duties  of  district  clerk.  It  shall  be  the  duty  of 
the  clerk  of  each  school  district: 

1.  To  record  the  proceedings  of  all  meetings  of  the  voters  of 
his  district  in  a  book  to  be  provided  for  that  purpose  by  the  dis- 
trict, and  to  enter  therein  true  copies  of  all  reports  made  by  the 
trustees  to  the  school  commissioner. 

2.  To  give  notice,  in  the  manner  prescribed  by  section  one  hun- 
dred ninety-one,  of  the  time  and  place  of  holding  special  district 
meetings  called  by  the  trustees. 

3.  To  affix  a  notice  in  writing  of  the  time  and  place  of  any 
adjourned  meeting,  when  the  meeting  shall  have  been  adjourned 
for  a  longer  time  than  one  month,  in  at  least  five  of  the  most' 
public  places  of  such  district,  at  least  five  days  before  the  time 
appointed  for  such  adjourned  meeting. 

4.  To  give  the  required  notice  of  every  annual  district  meeting. 

5.  To  give  notice  immediately  to  every  person  elected  or  ap- 
pointed to  office  of  his  election  or  appointment ;  and  also  to  report 
TO  the  town  clerk  of  the  town  in  which  the  school-house  of  his 
district  is  situated,  the  names  and  post-office  addresses  of  such 
officers,  under  a  penalty  of  five  dollars  for  neglect  in  each  instance. 

6.  To  notify  the  trustees  of  every  resignation  duly  accepted  by 
the  school  commissioner. 

7.  To  keep  and  preserve  all  records,  books  and  papers  belonging 
to  his  office  and  to  deliver  the  same  to  his  successor.  For  a  refusal 
or  neglect  so  to  do,  he  shall  forfeit  fifty  dollars  for  the  benefit  of 
the  schools  of  the  district,  to  be  recovered  by  the  trustees. 

8.  To  obey  the  order  of  the  school  commissioners  as  to  depositing 
the  books,  papers  and  records  of  his  office  in  the  town  clerk's  office 
in  case  the  district  shall  be  dissolved. 

9.  To  attend  all  meetings  of  the  board  of  trustees  when  notified, 
and  keep  a  record  of  their  proceedings  in  a  book  provided  for  that 
purpose. 

10.  To  call  special  meetings  of  the  inhabitants  whenever  all 
the  trustees  of  the  district  shall  have  vacated  their  office. 

§  251.  Duties  of  district  treasurer.  1.  The  treasurer 
of  a  school  district  shall  be  the  custodian  of  all  moneys  belonging 
to  the  district  from  whatever  source  derived,  and  it  is  hereby 


52  NEW   YORK   STATE   EDUCATIOl^  DEPARTMENT 

made  the  duty  of  the  trustees  of  such  district  to  pay  to 
such  treasurer  any  and  all  moneys  that  may  come  into  their  hands 
belonging  to  such  district  derived  from  sales  of  personal  or  real 
property  of  the  district,  from  insurance  policies,  from  bonds  of 
the  district  issued  and  sold  by  them,  or  from  any  other  source 
whatever. 

2.  The  collector  of  such  district  shall  pay  over  to  such  treasurer 
all  moneys  collected  by  him  under  and  by  virtue  of  any  tax  list 
and  warrant  issued  and  delivered  to  him. 

3.  Such  treasurer  is  hereby  authorized  and  empowered  to 
demand  and  receive  from  the  supervisor  of  the  town  in  which  such 
school  district  is  situated  all  public  money  apportioned  to  said 
district. 

4.  It  shall  be  the  duty  of  such  treasurer  within  ten  days  after 
notice  of  his  election  to  execute  and  deliver  to  the  trustees  of 
such  district,  his  bond  in  such  sum  as  shall  have  been  fixed  by  a 
district  meeting  or  as  such  trustees  shall  require,  with  at  least 
two  sureties  to  be  approved  by  such  trustees,  conditioned  to  faith- 
fully discharge  the  duties  of  his  office,  and  to  well  and  truly 
account  for  all  moneys  received  by  him,  and  to  pay  over  any  sums 
of  money  remaining  in  his  hands  to  his  successor  in  office.  Such 
bond  when  so  executed  and  approved  in  writing  by  such  trustees 
shall  be  filed  with  the  district  clerk. 

5.  ISTo  moneys  shall  be  paid  out  or  disbursed  by  such  treasurer 
except  upon  the  written  orders  of  a  sole  trustee,  or  a  majority  of 
the  trustees. 

6.  Such  treasurer  shall,  whenever  required  by  such  trustees 
report  to  them  a  detailed  statement  of  the  moneys  received  by 
him,  and  his  '^disbursments,  and  at  the  annual  meeting  of  such 
district  he  shall  render  a  full  account  of  all  moneys  received  by 
him  and  from  what  source,  and  when  received,  and  all  disburse- 
ments made  by  him  and  to  whom  and  the  dates  of  such  disburse- 
ments respectively,  and  the  balance  of  moneys  remaining  in  his 
hands. 

§  252.  Collector's  bond.  1.  Within  such  time,  not  less 
than  ten  days,  as  the  trustees  shall  allow  him  for  the  purpose, 
the  collector;  before  receiving  the  first  warrant  for  the  collection  of 
money,  shall  execute  a  bond  to  the  trustees,  with  one  or  more  sure- 
ties, to  be  approved  by  a  majority  of  the  trustees,  in  such  amount 

*  So  in  original. 


EDUCATION    LAW  53 

as  the  district  meeting  shall  have  fixed,  or  if  such  meeting  shall 
not  have  fixed  the  amount  then  in  such  amount  as  the  trustees 
shall  deem  reasonable,  conditioned  for  the  due  and  faithful  execu- 
tion of  the  duties  of  his  office. 

2.  The  trustees,  upon  receiving  said  bond,  shall,  if  they  approve 
thereof,  indorse  their  approval  thereon,  and  forthwith  deliver  the 
same  to  the  town  clerk  of  the  town  in  which  said  collector  resides, 
and  said  clerk  shall  file  the  s^ame  in  his  office,  and  enter  in  a  book 
to  be  kept  by  him  for  that  purpose,  a  memorandum,  showing  the 
date  of  said  bond,  the  names  of  the  parties  and  sureties  thereto, 
the  amount  of  the  penalty  thereof,  and  the  date  and  time  of  filing 
the  same,  and  said  town  clerk  is  authorized  to  receive  as  a  fee  for 
such  filing  and  memorandum  the  sum  of  twenty-five  cents,  which 
sum  is  hereby  made  a  charge  against  the  school  district  interested 
in  said  bond. 

§  253.  Collector  to  disburse  teachers'  fund.  1.  The 
trustees  of  a  school  district  which  has  not  a  treasurer  may  direct 
by  resolution  duly  entered  on  the  minutes  of  their  proceedings  the 
collector  of  such  district  to  disburse  to  teachers  the  money  appor- 
tioned by  the  state  for  teachers'  salaries. 

2.  The  collector  shall  thereupon  execute  a  bond  to  the  trustees, 
with  two  or  more  sureties,  in  double  the  amount  of  the  last  appor- 
tionment, with  like  condition  of  sureties,  approval  of  trustees,  and 
amount  and  like  directions  as  to  filing  as  are  required  in  the 
preceding  section  for  a  bond  for  the  collection  of  taxes,  and  con- 
ditioned also  for  the  due  and  faithful  execution  of  the  duties  of 
his  office  as  such  disbursing  agent. 

§  254.  Clerk,  treasurer  and  collector  in  union  free 
school  district.  1.  In  every  union  free  school  district  the 
board  of  education  shall  have  power  to  appoint  one  of  their  num- 
ber, or  some  other  qualified  voter  in  said  district  who  is  not  a 
teacher  employed  therein  as  clerk  of  the  board  of  education  of 
such  district. 

2.  Such  clerk  shall  also  act  as  clerk  of  said  district,  and  shall 
perform  all  the  clerical  and  other  duties  pertaining  to  his  office, 
and  for  his  services  he  shall  be  entitled  to  receive  such  compensa- 
tion as  shall  be  fixed  at  an  annual  meeting  of  such  district. 

3.  In  case  no  provision  is  made  at  an  annual  meeting  for  the 
compensation  of  a  clerk  the  board  of  education  may  ^x  the  same. 

4.  Said  board  of  education  in  every  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  incorporated  vil- 


54  NEW   YORK   STATE    EDUCATIO^^f   DEPARTMENT 

lage  or  city  shall  appoint  a  district  treasurer,  and  a  collector  who 
shall  hold  office  during  the  pleasure  of  the  board.  The  board  shall 
also  fix  the  compensation  of  the  treasurer. 

5.  Such  treasurer  and  collector  shall  each,  and  within  ten  days 
after  notice  in  writing  of  his  appointment,  duly  served  upon  him, 
and  before  entering  upon  the  duties  of  his  office,  execute  and 
deliver  to  the  said  board  of  education  a  bond,  with  such  sufficient 
penalty  and  sureties  as  the  board  may  require,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office ;  and  in  case  such 
bond  shall  not  be  given  within  the  time  specified,  such  office  shall 
thereby  become  vacant,  and  said  board  shall  thereupon,  by  ap- 
pointment, fill  such  vacancy. 

6.  So  much  of  this  section  as  relates  to  the  election  of  a  clerk 
shall  not  apply  to  the  towns  of  Cortlandt  and  White  Plains  in 
Westchester  county. 

§  255.  Payments  and  reports  by  collector.  1.  The 
collector  shall  keep  in  his  possession  all  moneys  received  or  col- 
lected by  him  by  virtue  of  any  warrant,  or  received  by  him  from 
the  county  treasurer  or  board  of  supervisors  for  taxes  returned  as 
unpaid,  or  moneys  apportioned  by  the  state  or  raised  by  direct 
taxation  for  teachers'  wages  or  library,  and  pay  the  same  out  upon 
the  written  order  of  a  majority  of  the  trustees. 

2.  When  a  treasurer  shall  have  been  elected  in  a  district,  the 
collector  shall  pay  over  the  moneys  collected  by  him  by  virtue  of  his 
warrant,  to  said  treasurer  as  provided  in  section  two  hundred  and 
fifty-one;  and  he  shall  report  in  writing,  at  the  annual  meeting, 
all  his  collections,  receipts  and  disbursements,  and  shall  report  to 
the  supervisor  on  or  before  the  first  Tuesday  of  March  in  each 
year  the  amounts  of  school  moneys  in  his  hands  not  paid  out  on 
trustees'  orders,  and  shall  pay  over  to  his  successor  in  office,  when 
such  successor  has  duly  qualified  and  given  a  bond  as  required 
by  section  two  hundred  and  fifty-two,  all  moneys  in  his  hands  be- 
longing to  the  district. 

§  256.  liiability  of  collector  for  moneys  lost.  If 
by  the  neglect  of  the  collector  any  moneys  shall  be  lost  to  a  school 
district,  which  might  have  been  collected  within  the  time  limited 
in  the  warrant  delivered  to  him  for  their  collection,  he  shall  for- 
feit to  such  district  the  amount  of  the  moneys  thus  lost,  and  shall 
account  for  and  pay  over  the  same  to  the  trustees  of  such  district, 
in  the  same  manner  as  if  they  had  been  collected. 


EDUCATION    LAW  55 

§  257.  Remedy  of  trustees  against  collector  in  de- 
fault. For  the  recovery  of  all  such  forfeitures,  and  of  all  bal- 
ances, in  the  hands  of  the  collector,  which  he  shall  have  neglected 
or  refused  to  pay  to  his  successor,  or  to  the  treasurer  of  such  dis- 
trict, the  trustees,  in  their  name  of  office,  shall  have  their  remedy 
upon  the  official  bond  of  the  collector,  or  any  action  and  any 
remedy  given  by  law ;  and  they  shall  apply  all  such  moneys,  when 
recovered,  in  the  same  manner  as  if  paid  without  suit. 

ARTICLE  10 
Trustees 

Section  270.  Trustees  constitute  a  board  and  body  corporate. 

271.  Property  held  by  trustees  as  corporation. 

272.  Powers  and  duties  of  a  sole  trustee. 

273.  Mode  of  exercise  of  trustees'  powers. 

274.  Powers  of  trustees  when  vacancies  on  board  exist. 

275.  Powers  and  duties  of  trustees. 

276.  Trustees'  annual  report. 

277.  Annual  report  of  trustees  of  certain  joint  districts. 

278.  Trustees'  annual  report  to  district. 

279.  Penalty  for  failure  of  trustee  to  account. 

280.  Payment  by  trustee  to  successor. 

281.  Trustees'  right  *to  action  against  predecessors. 

282.  Notice  of  non-payment  of  moneys  apportioned. 

283.  Taxation  for  expenses  incurred  by  trustees. 

284.  Issuing  order  in  excess  of  available  funds  a  mis- 

demeanor. 

285.  Trustees  must  not  be  interested  in  district  contracts. 

§  270.  Trustees  constitute  a  board  and  body  cor- 
porate. The  sole  trustee  or  the  trustees  of  a  school  district  shall 
constitute  a  board  for  such*  district  and  such  board  is  hereby 
created  a  body  corporate. 

§  271.  Property  held  by  trustees  as  corporation. 
All  property  which  is  now  vested  in,  or  shall  hereafter  be  trans- 
ferred to  the  trustees  of  a  district,  for  the  use  of  schools  in  the 
district,  shall  be  held  by  them  as  a  corporation. 

§  272.  Powers  and  duties  of  a  sole  trustee.  The  sole 
trustee  of  a  district  shall  possess  all  the  powers  and  be  subject 

*  So  in  original. 


56  NEW   YORK  STATE   EDUCATION   DEPARTMENT 

to  all  the  duties,  liabilities  and  penalties  which  the  law  imposes 
upon  a  board  of  three  trustees. 

§  273.   Mode  of  exercise  of  trustees'  powers.    1.  The 

powers  committed  by  law  to  the  trustees  of  a  district  must  be  ex- 
ercised by  them  as  a  board.  The  board  must  meet  for  the  trans- 
action of  business  in  accordance  with  notice  of  time  and  place. 

2.  In  a  board  composed  of  three  trustees,  when  two  only  meet 
to  deliberate  upOn  any  matter,  and  the  third,  if  notified,  does  not 
attend,  or  the  three  meet  and  deliberate  thereon,  the  conclusion  of 
two  upon  the  matter,  and  their  order,  act  or  proceeding  in  relation 
thereto,  shall  be  as  valid  as  though  it  were  the  conclusion,  order, 
act  or  proceeding  of  the  three;  and  a  recital  of  the  two  in  their 
minute  of  the  conclusion,  act  or  proceeding,  or  in  their  order,  act 
or  proceeding  of  the  fact  of  such  notice,  or  of  such  meeting  and 
deliberation,  shall  be  conclusive  evidence  thereof. 

3.  A  meeting  of  the  board  may  be  ordered  by  any  member 
thereof,  by  giving  not  less  than  twenty-four  hours'  notice  of  the 
same. 

§  274.  Powers  of  trustees  w^hen  vacancies  on  board 
exist.  1.  While  there  is  one  vacancy  in  the  office  of  trustee, 
the  two  trustees  shall  have  all  the  powers  and  be  subject  to  all 
the  duties  and  liabilities  of  the  three.  And  while  there  are  two 
such  vacancies,  the  trustee  in  office  shall  have  all  the  powers  and 
be  subject  to  all  the  duties  and  liabilities  of  the  three,  as  though 
he  were  a  sole  trustee. 

2.  When  a  vacancy  shall  occur  in  the  office  of  trustee,  the 
board  shall  immediately  call  a  special  meeting  of  the  district 
to  supply  such  vacancy. 

§  275.  Powers  and  duties  of  trustees.  It  shall  be  the 
duty  of  the  trustees  of  a  school  district,  and  they  shall  have  power : 

1.  To  call  special  meetings  of  the  inhabitants  of  such  districts 
whenever  they  shall  deem  it  necessary  and  proper. 

2.  To  give  notice  of  special,  annual  and  adjourned  meetings  in 
the  manner  prescribed  in  this  chapter,  if  there  be  no  clerk  of  the 
district,  or  he  be  absent  or  incapable  of  acting,  or  shall  refuse 
to  act. 

3.  To  make  out  a  tax-list  of  every  district  tax  voted  by  a  dis- 
trict meeting,  or  authorized  by  law,  which  shall  contain  the  names 
of  all  the  taxable  inhabitants  residing  in  the  district  at  the  time 
of  making  out  the  list,  and  the  amount  of  tax  payable  by  each 
inhabitant,  as  directed  in  article  fifteen  of  this  chapter. 


EDUCATION    LAW  57 

4.  To  purchase  or  lease  such  school-house  sites  and  to  purchase 
or  build  such  school-houses  as  a  district  meeting  may  authorize; 
and  to  hire  temporarily  such  rooms  or  buildings  as  may  be  neces- 
sary for  school  purposes. 

5.  To  have  the  custody  and  safe-keeping  of  the  district  school- 
houses,  their  sites  and  appurtenances. 

6.  To  insure  the  school  buildings,  furniture  and  school  ap- 
paratus in  some  company  created  by  or  under  the  laws  of  this  state, 
or  in  an  insurance  company  authorized  by  law  to  transact  business 
in  this  state,  and  to  comply  with  the  conditions  of  the  policy,  and 
raise  by  a  district  tax  the  amount  required  to  pay  the  premiums 
thereon. 

7.  To  insure  the  school  library  in  such  a  company  in  a  sum 
fixed  by  a  district  meeting,  and  to  raise  the  premium  by  a  dis- 
trict tax,  and  comply  with  the  conditions  of  the  policy. 

8.  To  contract  with  and  employ  as  many  legally  qualified 
teachers  as  the  schools  of  the  district  require ;  to  determine  the  rate 
of  compensation  and  the  term  of  the  employment  of  each  teacher 
and  to  determine  the  terms  of  school  to  be  held  during  each  school 
year. 

9.  To  establish  rules  for  the  government  and  discipline  of  the 
schools. 

10.  To  prescribe  the  course  of  studies  to  be  pursued  in  such 
schools.  Provisions  shall  be  made  for  instructing  pupils  in  all 
schools  supported  by  public  money,  or  under  state  control,  in  physi- 
ology and  hygiene,  with  special  reference  to  the  effect  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system. 

11.  To  pay,  towards  the  wages  of  legally  qualified  teachers  the 
public  moneys  apportioned  to  the  district  for  such  purpose  by  giv- 
ing them  orders  therefor  on  the  supervisor,  or  on  the  collector  or 
treasurer  of  such  district  when  duly  qualified  to  receive  and  dis- 
burse the  same. 

12.  To  collect  by  district  tax  an  amount  sufiicient  to  pay  any 
judgment  or  the  salaries  of  teachers  for  the  current  school  year 
after  deducting  from  the  aggregate  amount  required  for  this  pur- 
pose the  amount  of  public  money  in  the  hands  of  the  supervisor, 
collector  or  treasurer  applicable  to  the  payment  of  teachers'  salaries 
and  to  pay  the  same  by  written  orders  on  the  collector  or  treasurer. 

13.  To  draw  upon  the  supervisor,  the  collector  or  treasurer, 
when  duly  qualified  to  receive  and  disburse  the  same,  for  the 
school  moneys,  by  written  orders  signed  by  the  sole  trustee,  or 


58  K^EW   YORK   STATE   EDUCATION   DEPARTMENT 

where  there  are  three  trustees,  signed  by  a  majority  of  said  trus- 
tees as  prescribed  by  subdivisions  one  and  two  of  section  three 
hundred  and  sixty  of  this  chapter. 

14.  To  keep  each  of  the  school-houses  under  their  charge,  and 
its  furniture,  school  apparatus  and  appurtenances,  in  necessary  and 
proper  repair,  and  make  the  same  reasonably  comfortable  for  use, 
but  shall  not  expend  therefor  without  vote  of  the  district  an  amount 
to  exceed  fifty  dollars  in  any  one  year. 

15.  To  make  any  repairs  and  abate  any  nuisances,  pursuant 
to  the  direction  of  the  school  commissioner  as  herein  provided, 
and  provide  fuel,  stoves  or  other  heating  apparatus,  pails,  brooms 
and  other  implements  necessary  to  keep  the  school-houses  and  the 
school-rooms  clean,  and  make  them  reasonably  comfortable  for  use, 
when  no  provision  has  been  made  therefor  by  a  vote  of  the  district, 
or  the  sum  voted  by  the  district  for  said  purposes  shall  have  proved 
insufficient. 

16.  To  provide  for  building  fires  and  cleaning  the  school-rooms, 
and  for  janitor  work  generally  in. and  about  the  school-house,  and 
pay  reasonable  compensation  therefor. 

17.  To  provide  bound  blank-books  for  the  entering  of  their  ac- 
counts, the  records  of  the  district  and  the  proceedings  of  district 
and  trustee  meetings,  and  a  list  of  the  movable  property  of  the 
district  and  they  shall  deliver  such  books  to  their  successors  in 
ofiice. 

18.  To  expend  in  the  purchase  of  dictionary,  books,  maps, 
globes  or  other  school  apparatus,  a  sum  not  exceeding  twenty-five 
dollars  in  any  one  year. 

19.  To  establish  temporary  or  branch  schools  in  such  places  in 
the  district  as  shall  best  accommodate  the  children,  and  to  hire 
rooms  or  buildings  therefor  and  to  fit  up  and  furnish  such  rooms 
or  buildings  in  a  suitable  manner  for  conducting  school  therein 
when  it  is  shown : 

a.  That  any  considerable  number  of  the  children  residing  in  a 
portion  of  the  district  are  so  remote  from  the  school-house  as  to 
render  it  difficult  for  them  to  attend  school  in  such  school-house  in 
inclement  weather,  or ; 

b.  That  the  school  building  is  overcrowded  and  proper  accom- 
modations are  not  afforded  all  the  children  of  the  district,  or ; 

c.  That  for  any  other  sufficient  reason  suitable  and  proper 
school  facilities  are  not  provided  by  the  present  school  accommo- 
dations. 


EDUCATION    LAW  59 

Any  expenditure  made  or  liability  incurred  in  pursuance  of 
this  section  shall  be  a  charge  upon  the  district. 

§  276.  Trustees'  annual  report.  The  trustees  of  each 
district  shall  make  a  full  report  to  the  commissioner  of  education 
upon  any  particular  matter  relating  to  their  schools  whenever 
such  report  shall  be  required  by  said  commissioner.  The  trustees 
of  each  school  district  shall,  on  the  first  day  of  August  in  each 
year,  make  to  the  school  commissioner  a  report  in  writing  for  the 
year  ending  on  July  thirty-first  preceding.  Such  report  shall  be 
in  such  form  as  the  commissioner  of  education  shall  prescribe. 
In  every  case  the  trustees  shall  sign  and  certify  to  said  report  and 
deliver  it  to  the  clerk  of  the  town,  in  which  the  school-house  of 
the  district  is  situated;  and  every  such  report  shall  certify: 

1.  The  whole  time  school  has  been  maintained  in  their  district 
during  the  year  ending  on  the  day  previous  to  the  date  of  such 
report,  and  stating  what  portion  of  the  time  such  school  has  been 
taught  by  qualified  teachers,  and  the  whole  number  of  days,  *in 
eluding  holidays,  in  which  the  school  was  taught  by  qualified 
teachers. 

2.  The  amount  of  their  drafts  upon  the  supervisor,  collector  or 
treasurer  for  the  payment  of  teachers'  salaries  during  such  year, 
and  the  amount  of  their  drafts  upon  him  for  the  purchase  of  books 
and  school  apparatus  during  such  year,  and  the  manner  in  which 
such  moneys  have  been  expended. 

3.  The  number  of  children  taught  in  the  district  school  during 
such  year  by  qualified  teachers,  and  the  aggregate  days'  attend- 
ance of  all  such  children  upon  the  school. 

4.  The  number  of  children  residing  in  their  district,  over  five 
and  under  eighteen  years  of  age,  who  shall  have  been,  on  the 
thirtieth  day  of  August  last  preceding  the  date  of  such  report, 
legal  residents  of  such  district.  Children  supported  at  a  county 
poor-house  or  an  orphan  asylum  shall  not  be  included  in  such 
enumeration. 

5.  The  number  of  vaccinated  and  unvaccinated  children  of 
school  age  in  their  respective  districts. 

6.  The  amount  of  money  paid  for  teachers'  salaries,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  purchasing  school-house  sites,  for  building,  hir- 
ing, purchasing,  repairing  and  insuring  school-houses,  for  fuel, 
for  school  libraries,  or  for  any  other  purpose  allowed  by  law. 

*  So  in  original. 


60  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

Y.  Such  additional  information  in  relation  to  the  schools  under 
their  management  and  control  as  the  commissioner  of  education 
shall  require. 

§  277.  Annual  report  of  trustees  of  certain  joint 
districts.  Where  a  school  district  lies  in  two  or  more  counties, 
its  trustees  shall  file  their  annual  report  in  the  office  of  the  clerk 
of  the  town  in  which  the  principal  schoolhouse  of  the  district  is 
situated. 

§  278.  Trustees'  annual  report  to  district.  The 
trustees  shall  render  to  the  district,  at  its  annual  meeting,  a  just, 
full  and  true  account  in  writing,  of  all  moneys  received  by  them 
respectively  for  the  use  of  the  district,  or  raised  or  collected  by 
taxes,  the  preceding  year,  and  of  the  manner  in  which  the  same 
shall  have  been  expended,  and  showing  to  which  of  them  an  un- 
expended balance,  or  any  part  thereof,  is  chargeable;  and  of  all 
drafts  or  orders  made  by  them  upon  the  supervisor,  collector, 
treasurer  or  other  custodian  of  moneys  of  the  district ;  and  a  full 
statement  of  all  appeals,  actions  or  suits  and  proceedings  brought 
by  or  against  them,  and  of  every  special  matter  touching  the  con- 
dition of  the  district. 

§  279.  Penalty  for  failure  of  trustee  to  account. 
By  a  wilful  neglect  or  refusal  to  render  such  account,  a  trustee 
forfeits  any  unexpired  term  of  his  office,  and  becomes  liable  to 
the  trustees  for  any  district  moneys  in  his  hands. 

§  280.  Payment  by  trustee  to  successor.  An  outgoing 
trustee  shall  forthwith  pay,  to  his  successor  or  any  other  trustees 
of  the  district  in  office,  all  moneys  in  his  hands  belonging  to 
the  district. 

§  281.  Trustees'  riglit  of  action  against  prede- 
cessor. The  trustees  in  office  shall  sue  for  and  recover  any  dis- 
trict moneys  in  the  hands  of  any  former  trustee,  or  of  his  per- 
sonal representatives,  and  apply  them  to  the  use  of  the  district. 

§  282.  Notice  of  non-payment  of  moneys  appor- 
tioned. If  any  portion  of  the  moneys  apportioned  to  the  dis- 
trict shall  not  be  paid  by  the  supervisor,  the  collector  or  treasurer, 
upon  the  due  requirement  of  the  trustees,  they  shall  forthwith 
notify  the  treasurer  of  the  county  and  the  commissioner  of  educa- 
tion of  the  fact. 

§  283.  Taxation  for  expenses  incurred  by  trustees. 
When  trustees  are  required  or  authorized  by  law,  or  by  a  vote  of 
their  district,  to  incur  any  expenses  for  such  district,  and  when 


EDUCATION    LAW  61 

any  expenses  incurred  by  them  are  made,  by  express  provision 
of  law,  a  charge  upon  such  district,  they  may  raise  the  amount 
thereof  by  tax  in  the  same  manner  as  if  the  definite  sum  to  be 
raised  had  been  voted  by  a  district  meeting. 

§  284.  Issuing  order  in  excess  of  available  funds  a 
misdemeanor.  1.  The  trustees  of  a  school  district  shall  not 
issue  an  order  or  draft  upon  a  supervisor,  collector  or  treasurer 
for  the  payment  of  the  salary  of  a  teacher  unless  there  shall  be  in 
the  hands  of  such  supervisor,  collector  or  treasurer  at  the  time 
sufficient  money  belonging  to  the  district  to  meet  such  order  or 
draft. 

2.  A  violation  of  this  section  by  the  trustees  of  a  district  shall 
be  a  misdemeanor. 

§  285.  Trustees  must  not  be  interested  in  district 
contracts.  ^N'o  trustee  shall  be  personally  interested  directly  or 
indirectly  in  any  contract  which  he  makes  in  behalf  of  the  district. 

ARTICLE  11 
Boards  of  Education 

Section  300.  Boards  of  education  corporate  bodies. 

301.  Board   of  education   in   district  whose  boundaries 

are  not  coterminous  with  those  of  an  incorpo- 
rated village  or  city. 

302.  Board  of   education   in   district   whose  boundaries 

are  coterminous  with  those  of  an  incorporated 
village  or  city. 

303.  Provisions  for  separate  elections  in  certain  districts. 

304.  Determination  of  election  disputes. 

305.  Election  and  organization  of  board  of  education  in 

new  district  where  union  free  school  district  con- 
taining two  incorporated  villages  is  divided. 

306.  Annual  meetings  of  boards  of  education. 

307.  Change  in  number  of  members  of  board  of  educa- 

tion in  union  free  school  district  whose  *bound- 
aires  are  coterminous  with  those  of  an  incorpo- 
rated village  or  city. 

308.  Change  in  number  of  members  of  board  of  educa- 

tion in  union  free  school  district  whose  bound- 
aries are  not  coterminous  with  those  of  an  in- 
corporated village  or  city. 

*  So  in  original. 


62  ]S^EW    YORK    STATE    EDUCxVTIOISr    DEPARTMENT 

Section   209.  Power  of  removal  of  member  of  "board  of  educatioii, 

310.  Powers  and  duties  of  boards  of  education. 

311.  l^ight  schools;  kindergartens. 

312.  Appointment  of  superintendent  of  schools. 

313.  Regular  meetings ;  visitation  of  schools. 

314.  Limitation  upon  expenditures. 

315.  Deposit,  custody  and  payment  of  moneys  in  cities 

and  villages. 

316.  Moneys  and  accounts  in  union  free  school  districts 

whose  boundaries  are  not  tha  same  as  the  bound- 
aries of  incorporated  cities  and  villages. 

317.  Boards  of  education  have  powers  of  trustees  of  com- 

mon schools  and  trustees  of  academieis. 

318.  Academy  may  be  adopted  as  academic  department. 

319.  Contracts  with  academies. 

320.  Eetransfer  of  academy  to  its  former   trustees. 

321.  Records;  reports. 

322.  Reports  to  commissioner  of  education. 

323.  Estimated  expenses  for  ensuing  year. 

324.  Vote  upon  school  taxes. 

325.  Levy  of  tax  for  certain  purposes  without  vote. 

326.  Reference  to  commissioner  of  education. 

327.  Corporate   authorities   must   raise  tax  certified   by 

board  of  education. 

328.  Application  of  this  article. 

§  300.    Boards  of  education  corporate  bodies.     The 

board  of  education  of  each  union  free  school  district  or  city  is 
hereby  created  a  body  corporate  and  it  shall,  at  its  first  meeting 
and  at  each  annual  meeting  thereafter,  elect  one  of  its  members 
president. 

§  301.  Board  of  education  in  district  ivhose  bound- 
aries  are  not  coterminous  ivith  those  of  an  incor- 
porated village  or  city.  1.  Whenever  a  union  free  school 
district  shall  be  established  pursuant  to  the  provisions  of  sections 
one  hundred  and  forty-one  to  one  hundred  and  forty-five  of  this 
chapter  and  the  boundaries  of  such  district  shall  not  be  cotermin- 
ous with  the  boundaries  of  an  incorporated  city  or  village,  it 
shall  be  the  duty  of  the  meeting  at  which  such  union  free  school 
district  is  established  to  elect  by  ballot  not  less  than  three  nor 
more  than  nine  trustees,  who  shall,  by  the  order  of  such  meet- 


EDUCATIOIsr    LAW  63 

ing,  be  divided  into  three  classes,  the  first  to  hold  until  one,  the 
second  until  two,  and  the  third  until  three  years  from  the  first 
Tuesday  of  August  next  following,  except  as  in  the  next  section 
provided.  Thereafter  there  shall  be  elected  in  such  districts,  at  the 
annual  meeting,  trustees  to  supply  the  places  of  those  whose  terms 
of  ofiice,  by  the  classification  aforesaid,  expire. 

2.  The  trustees  thus  elected,  shall  enter  at  once  upon  their  of- 
fices, and  the  office  of  any  existing  trustees  in  such  districts,  before 
the  establishment  of  a  union  free  school  therein,  shall  cease,  ex- 
cept for  the  purposes  stated  in  section  one  hundred  and  thirty- 
five  of  this  chapter.  The  said  trustees  and  their  successors  in  office 
shall  constitute  the  board  of  education  of  the  union  free  school  dis- 
trict thus  established.  (Subdivision  two  thus  amended  by  L. 
1910,  cJi.  442,  in  effect  September  1,  1910.) 

§  302.  Board  of  education  in  district  whose  bound- 
aries are  coterminous  with,  those  of  an  incorporated 
village  or  city.  Whenever  said  board  of  education  shall  be 
constituted  for  any  district  whose  limits  correspond  with 
those  of  any  incorporated  village  or  city,  the  trustees  so  elected 
shall,  by  the  order  of  such  meeting,  be  divided  into  three  classes : 
The  first  class  to  serve  until  one ;  the  second,  until  two ;  and  the 
third,  until  three  years  after  the  date  of  the  next  charter  election 
in  such  village  or  city,  and  their  regular  term  of  service  shall  be 
computed  from  the  several  dates  of  such  chai^ter  elections.  There- 
after, there  shall  be  annually  elected  in  such  villages  and  cities,  at 
the  charter  elections,  by  separfate  ballot,  to  be  indorsed  '^  school 
trustee,''  in  the  same  manner  as  the  charter  officers  thereof,  trus- 
tees of  the  said  union  free  schools,  to  supply  the  places  of  those 
whose  terms  by  the  classification  aforesaid  expire. 

§  303.  Provisions  for  separate  elections  in  certain 
districts.  1.  In  union  free  school  districts  whose  limits  do 
not  correspond  with  those  of  an  incorporated  village  or  city, 
and  in  which  the  number  of  children  of  school  age  exceeds  three 
hundred,  as  shown  by  the  last  annual  report  of  the  board  of  edu- 
cation to  the  school  commissioner,  the  qualified  voters  of  any 
such  district  may  by  a  vote  of  a  majority  of  those  present  and  vot- 
ing, at  any  annual  meeting,  or  at  any  duly  called  special  meeting, 
to  be  ascertained  by  taking  and  recording  the  ayes  and  noes,  deter- 
mine that  the  election  of  the,  members  of  the  board  of  education 
shall  be  held  on  the  Wednesday  next  following  the  day  designated 
by  law  for  holding  the  annual  meeting  of  said  district. 


64  KEW    YOKK    STATE    EDUCATION    DEPARTMEIS^T 

2.  Until  such  determination  shall  be  changed,  such  election  shall 
be  held  on  the  Wednesday  next  following  the  day  on  which  such 
annual  meeting  of  such  district  shall  be  held  between  the  hours 
of  twelve  o'clock  noon  and  four  o'clock  in  the  afternoon  at  the 
principal  school-house  in  the  district,  or  at  such  other  suitable 
place  as  the  trustees  may  designate. 

3.  When  the  place  of  holding  such  election  is  other  than  at  the 
principal  school-house,  the  trustees  shall  give  notice  thereof  by  the 
publication  of  such  notice,  at  least  one  week  before  the  time  of 
holding  such  election,  in  some  newspaper  published  in  the  district, 
or  by  posting  the  same  in  three  conspicuous  places  in  the  district. 
The  trustees  may,  by  resolution,  extend  the  time  of  holding  the 
election  from  four  o'clock  until  sunset. 

4.  Such  members  of  the  board  of  education  as  may  be  present, 
shall  act  as  inspectors  of  election.  If  a  majority  of  such  board 
shall  not  be  present  at  the  time  of  opening  the  polls,  those  mem- 
bers of  the  board  in  attendance  miay  appoint  any  of  the  legal 
voters  of  the  district  present,  to  act  as  inspectors  in  place  of  the 
absent  trustees ;  and  if  none  of  the  board  of  education  shall  be 
present  at  the  time  of  opening  the  polls,  the  legal  voters  present 
may  choose  three  of  their  number  to  act  as  inspectors. 

5.  The  clerk  of  the  board  of  education  shall  attend  at  the  elec- 
tion and  record  in  a  book,  to  be  provided  for  that  purpose,  the 
name  of  each  elector  as  he  deposits  his  ballot.  If  the  clerk  of  the 
board  of  education  shall  be  absent,  or  shall  be  unable  or  refuse  to 
act,  the  board  of  education  or  inspectors  of  election  shall  appoint 
some  person  who  is  a  legal  voter  in  the  district  to  act  in  his  place. 
Any  clerk  or  acting  clerk  who  shall  neglect  or  refuse  to  record  the 
name  of  a  person  whose  ballot  is  received  by  the  inspectors,  shall 
be  liable  to  a  fine  of  twenty-five  dollars,  to  be  sued  for  by  the 
supervisor  of  the  town. 

6.  The  board  of  education  shall,  at  the  expense  of  the  district, 
provide  a  suitable  box  in  which  the  ballots  shall  be  deposited  as 
they  are  received.  Such  ballots  shall  contain  the  names  of  the 
persons  voted  for,  and  shall  designate  the  office  for  which  each  of 
said  names  is  voted.  The  ballots  may  be  either  written  or  printed, 
or  partly  written  and  partly  printed.  The  inspectors  immediately 
after  the  close  of  the  polls  shall  proceed  to  canvass  the  votes.  They 
shall  first  count  the  ballots  to  determine  if  they  tally  with  the 
number  of  names  recorded  by  the  clerk,  and  if  they  exceed  that 
number,  enough  ballots  shall  be  withdrawn  to  make  them  corre- 


EDUCATIOir    LAW  65 

spond.  Such  inspectors  shall  count  the  votes  and  announce  the 
result.  The  persons  having  a  plurality'^  of  the  votes  respectively 
for  the  several  offices  shall  be  elected,  and  the  clerk  shall  record 
the  result  of  such  ballot  and  election  as  announced  by  the 
inspectors.  (Thus  amended  hy  L.  1910,  ch.  442,  in  effect  Septem- 
ber 1,  1910.) 

7.  Whenever  the  time  for  holding  such  election,  as  aforesaid, 
shall  pass  without  such  election  being  held  in  any  such  district, 
a  special  election  shall  be  called  by  the  board  of  education,  but 
if  no  such  election  be  called  by  said  board  within  twenty  days 
after  such  time  shall  have  passed,  the  school  commissioner  or  the 
commissioner  of  education  may  order  any  inhabitant  of  said  dis- 
trict to  give  notice  of  such  election  in  the  manner  prescribed  by 
section  one  hundred  and  ninety-three;  and  the  officers  elected  at 
such  special  election  shall  hold  their  respective  offices  only  until 
the  next  annual  election,  and  until  their  successors  are  elected 
and  shall  have  qualified,  as  in  this  chapter  provided. 

8.  The  foregoing  provisions  shall  not  apply  to  union  free  school 
districts  in  cities,  nor  to  union  free  school  districts  whose  bound- 
aries correspond  with  those  of  an  incorporated  village,  nor  to  any 
school  district  organized  imder  a  special  act  of  the  legislature,  in 
which  the  time,  manner  and  form  of  the  election  of  district  officers 
shall  be  different  from  that  prescribed  for  the  election  of  officers 
in  union  free  school  districts,  organized  under  the  general  law, 
nor  to  any  of  the  union  free  school  districts  in  the  counties  of  Suf- 
folk, Chenango,  Warren,  Erie  and  Saint  Lawrence. 

§  304.  Determination  of  election  dispntes.  All  dis- 
putes concerning  the  validity  of  any  district  election  or  of  any  of 
the  acts  of  the  officers  of  such  election  shall  be  referred  to  the  com- 
missioner of  education  for  determination  and  his  decision  in  the 
matter  shall  be  final  and  not  subject  to  review.  The  commissioner 
may  in  his  discretion  order  a  new  election. 

§  305.  Election  and  organization  of  board  of  edu- 
cation in  new  district  xrhere  union  free  school  dis- 
trict containing  tsxro  incorporated  villages  is  divided. 
1.  Within  ten  days  after  the  school  commissioner  shall  have  desig- 
nated any  separate  school  district  organized  under  the  provisions 
of  sections  one  hundred  and  thirty  and  one  hundred  and  thirty-one 

*  The  former  law  provided  for  a  majority  vote  to  elect.  The  amendment 
does  not  affect  union  free  school  districts  which  do  not  hold  elections  of  school 
officers  on  the  Wednesday  following  the  annual  meeting. 

3 


66  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

of  this  chapter,  he  shall  call  a  special  meeting  of  the  qualified  voters 
of  such  school  district  at  a  time  and  place  to  be  named  by  him  to 
elect  a  board  of  education  to  consist  of  six  members,  two  of  whom 
shall  be  elected  for  one  year,  two  for  two  years  and  two  for  three 
years  from  the  date  of  the  annual  school  meeting  next  succeeding 
such  special  meeting.  The  call  for  such  special  meetirg  shall  be 
published  in  the  manner  provided  in  section  one  hundred  and 
thirty  for  calling  a  special  meeting  to  determine  as  to  whether  the 
school  district  shall  be  divided. 

2.  The  school  commissioner  shall  call  such  special  meeting  to 
order  and  the  voters  present  shall  elect  a  chairman  and  secretary 
for  such  meeting  and  appoint  three  tellers  to  canvass  the  votes 
cast.  After  the  votes  shall  have  been  canvassed  the  chairman  and 
secretary  shall  forthwith  certify  the  result  of  such  canvass  to  the 
said  school  commissioner,  who  shall  within  five  days  thereafter 
convene  the  members  of  the  board  of  education,  shown  by  said 
certificate  to  have  been  elected,  for  the  purpose  of  organization, 
and  said  certificate  of  the  result  of  such  canvass  shall  thereupon 
become  a  part  of  the  record  of  said  school  district. 

§  306.  Annual  meetings  of  boards  of  education. 
1.  The  annual  meeting  of  the  board  of  education  of  every  union 
free  school  district  whose  limits  do  not  correspond  with  those  of 
an  incorporated  village  or  city  shall  be  held  on  the  first  Tuesday 
in  August  of  each  year. 

2.  The  annual  meeting  of  the  board  of  education  of  every  union 
free  school  district  whose  limits  correspond  with  those  of  an  in- 
corporated village  or  city  shall  be  held  on  the  Tuesday  next  after 
the  election  of  the  members  of  such  board  at  the  annual  charter 
election  of  the  village  or  city.      [Amended  hy  L.  1911,  ch.  830.] 

§  307.  Change  in  number  of  members  of  board  of 
education  in  union  free  school  district  ivhose  bound- 
aries are  coterminous  ivith  those  of  an  incorporated 
village  or  city.  The  number  of  members  of  the  board  of 
education  of  a  union  free  school  district  whose  limits  correspond 
with  those  of  an  incorporated  village  or  city,  may  be  increased  to 
not  more  than  nine  or  decreased  to  not  less  than  three  in  the  fol- 
lowing manner: 

1.  The  board  of  education  of  such  union  free  school  district, 
shall,  upon  the  application  of  at  least  fifteen  resident  taxpayers 
of  such  district,  submit  to  a  special  meeting,  held  at  least  thirty 


EDUCATION    LAW  67 

days  prior  to  the  annual  charter  election,  in  such  village  or  city, 
a  proposition  for  the  increase  or  decrease  of  the  number  of  mem- 
bers of  the  board  of  education  to  a  number  specified  in  the 
proposition. 

2.  Such  special  meeting  shall  be  called  and  held  in  the  manner 
prescribed  by  subdivision  two  of  section  one  hundred  and  ninety- 
three  of  this  chapter. 

3.  If  such  proposition  is  adopted  and  it  is  determined  thereby  to 
increase  the  number  of  members  of  the  board  of  education  of 
such  district,  there  shall  be  elected  at  the  next  ensuing  annual 
village  or  city  election,  a  sufficient  number  of  members  of  the 
board  of  education  so  that  the  total  number  of  members  of  the 
board  will  be  the  number  specified  in  such  proposition.  Such 
additional  members  shall  be  elected  for  such  terms  so  that  as 
nearly  as  possible  the  terms  of  one-third  of  the  members  of  such 
board  will  expire  annually.  Successors  to  such  additional  mem- 
bers shall  be  elected  in  like  manner. 

4.  If  such  proposition  is  adopted  and  it  is  determined  thereby 
to  decrease  the  number  of  the  board  of  education  in  such  district, 
no  members  of  the  board  of  education  of  such  district  shall  there- 
after be  elected  until  by  expiration  of  term  the  number  of  mem- 
bers of  the  board  of  education  will  be  less  than  the  number  speci- 
fied in  such  proposition;  and  thereafter  the  number  of  members 
of  the  board  of  education  of  such  district  shall  be  the  number 
specified  in  such  proposition.  'Not  more  tlian  one  proposition 
under  this  section  shall  be  submitted  in  any  calendar  year. 

§  308.  Change  in  number  of  members  of  board  of 
education  in  union  free  school  district  whose  bound- 
aries are  not  coterminous  with  those  of  an  incorpo- 
rated village  or  city.  1.  The  number  of  members  of  the 
board  of  education  of  a  union  free  school  district  whose  limits 
do  not  correspond  with  those  of  an  incorporated  village  or  city 
may  be  increased  or  decreased  at  an  annual  meeting  by  a  ma- 
jority vote  of  the  qualified  voters  present  and  voting  to  be  ascer- 
tained by  taking  and  recording  the  ayes  and  noes.  The  number  of 
such  board  shall  not  be  increased  to  more  than  nine  nor  decreased 
to  less  than  three. 

2.  "No  vote  shall  be  taken  upon  the  proposition  to  increase  or  de 
crease  the  number  of  members  of  such  board  of  education  unless 
the  notice  of  the  annual  meeting  shall  contain  a  statement  to  the 
effect  that  the  voters  of  such  district  will  vote  upon  such  proposi- 


68  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

tion.  The  board  of  education  of  any  such  district  shall,  upon  the 
application  of  at  least  fifteen  voters  of  such  district,  include  in  the 
notice  of  the  annual  meeting  a  statement  that  the  proposition  to 
increase  or  decrease  such  board  will  be  presented  to  the  annual 
meeting  for  determination.  If  the  board  refuses  or  fails  to  give 
such  notice  the  notice  may  be  given  in  such  manner  as  the  commis- 
sioner of  education  may  direct. 

3.  If  any  such  board  shall  consist  of  less  than  nine  members  and 
such  meeting  shall  determine  to  increase  the  number,  such  meeting 
shall  elect  the  additional  number  so  determined  upon  and  shall 
divide  such  number  into  three  classes,  the  first  to  hold  office  one 
year,  the  second  two  years  and  the  third  three  years 

4.  If  such  meeting  shall  determine  to  diminish  the  number  of 
members  composing  such  board,  no  election  shall  be  held  in  such 
district  to  fill  the  vacancies  of  the  outgoing  members  until  the 
number  of  such  members  shall  correspond  to  the  number  which 
such  meeting  shall  determine  to  compose  such  board. 

§  309.  "Pojxrer  of  removal  of  member  of  board  of 
education.  For  cause  shown,  and  after  giving  notice  of  the 
charge  and  opportunity  of  defense,  the  commissioner  of  educa- 
tion may  remove  any  member  of  a  board  of  education.  Wilful 
disobedience  of  any  lawful  requirement  of  the  commissioner  of 
education,  or  a  want  of  due  diligence  in  obeying  such  requirement 
or  wilful  violation  or  neglect  of  duty  is  cause  for  removal. 

§  310.  Powers  and  duties  of  boards  of  education. 
The  said  board  of  education  of  every  union  free  school  district 
shall  have  power,  and  it  shall  be  their  duty: 

1.  To  adopt  such  by-laws  and  rules  for  its  government  as  shall 
seem  proper  in  the  discharge  of  the  duties  required  under  the 
provisions  of  this  chapter. 

2.  To  establish  such  rules  and  regulations  concerning  the  order 
and  discipline  of  the  schools,  in  the  several  departments  thereof, 
as  they  may  deem  necessary  to  secure  the  best  educational  results. 

3.  To  prescribe  the  course  of  study  by  which  the  pupils  of  the 
schools  shall  be  graded  and  classified,  and  to  regulate  the  admis- 
sion of  pupils  and  their  transfer  from  one  class  or  department  to 
another,  as  their  scholarship  shall  warrant. 

4.  To  prescribe  the  text-books  to  be  used  in  the  schools,  and  to 
compel  a  uniformity  in  the  use  of  the  same,  pursuant  to  the  pro- 
visions of  this  chapter,  and  to  furnish  the  same  to  pupils  out  of 
any  moneys  provided  for  that  purpose. 


EDUCATION    LAW  69 

5.  To  make  provision  for  the  instruction  of  pupils  in  physi- 
ology and  hygiene  with  special  reference  to  the  effect  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system. 

6.  To  purchase  sites,  or  additions  thereto,  for  recreation 
grounds  and  for  school-houses  for  the  district,  when  designated 
by  a  meeting  of  the  district;  and  to  construct  such  school-houses, 
and  additions  thereto  as  may  be  so  designated;  to  purchase  fur- 
niture and  apparatus  for  such  school-houses,  and  to  keep  the  fur- 
niture and  apparatus  therein  in  repair. 

7.  To  hire  rooms  in  which  to  maintain  and  conduct  schools 
when  the  rooms  in  the  school-houses  are  overcrowded,  or  when 
such  school-houses  are  destroyed,  injured  or  damaged  by  the  ele- 
ments, and  to  fit  up  and  furnish  such  rooms  in  a  suitable  manner 
for  conducting  schools  therein. 

8.  To  insure  the  school-houses  and  their  furniture,  apparatus 
and  appurtenances,  and  the  school  library,  in  some  company  cre- 
ated by  or  under  the  laws  of  this  state,  or  in  some  insurance  com- 
pany authorized  by  law  to  transact  business  in  this  state,  and  to 
comply  with  the  conditions  of  the  policy,  and  raise  the  sums  paid 
for  premiums  by  district  tax. 

9.  To  take  charge  and  possession  of  the  school-houses,  sites, 
lots,  furniture,  books,  apparatus,  and  all  school  property  within 
their  respective  districts ;  and  the  title  of  the  same  shall  be  vested 
respectively  in  said  board  of  education. 

10.  To  sell,  when  authorized  by  a  vote  of  the  qualified  voters 
of  the  school  district,  any  former  school  site  or  lot,  or  any  real 
estate  the  title  to  which  is  vested  in  the  board,  and  the  buildings 
thereon,  and  appurtenances  or  any  part  thereof,  at  such  price  and 
upon  such  terms  as  said  voters  shall  prescribe,  and  to  convey  the 
same  by  deed  to  be  executed  by  the  board  or  a  majority  of  the 
members  thereof.  Also  to  exchange  real  estate  belonging  to  the 
district  for  the  purpose  of  improving  or  changing  school-house 
sites. 

11.  To  take  and  hold  for  the  use  of  the  said  schools  or  of 
any  department  of  the  same,  any  real  estate  transferred  to  it  by 
gift,  grant,  bequest  or  devise,  or  any  gift,  legacy  or  annuity,  of 
whatever  kind,  given  or  bequeathed  to  the  said  board,  and  apply 
the  same,  or  the  interest  or  proceeds  thereof,  according  to  the  in- 
structions of  the  donor  or  testator. 

12.  To  have  in  all  respects  the  superintendence,  management 
and  control  of  said  union  free  schools,  and  to  establish  therein, 


70  NEW    YORK    STATE    EDUCATION    DEPAETME:s'T 

in  conformity  with  the  regents  rules,  an  academic  department, 
whenever  in  their  judgment  the  same  is  warranted  by  the  de- 
mand for  such  instruction ;  to  receive  into  said  union  free  schools 
any  pupils  residing  out  of  said  district,  and  to  regulate  and  estab- 
lish the  tuition  fees  of  such  nonresident  pupils  in  the  several  de- 
partments of  said  schools. 

13.  To  provide  fuel,  furniture,  apparatus  and  other  necessaries 
for  the  use  of  said  schools. 

14.  To  appoint  such  librarians  as  they  may  from  time  to  time 
deem  necessary. 

15.  To  contract  with  and  employ  such  persons  as  by  the  pro- 
visions of  this  chapter  are  qualified  teachers,  to  determine  the 
number  of  teachers  to  be  employed  in  the  several  departments  of 
instruction  in  said  school,  and  at  the  time  of  such  employment  to 
make  and  deliver  to  each  teacher  a  written  contract  as  required 
by  section  five  hundred  and  sixty-one  of  this  chaptef*. 

16.  To  fill  any  vacancy  which  may  occur  in  said  board  by 
reason  of  the  death,  resignation,  removal  from  office  or  from  the 
school  district,  or  refusal  to  serve,  of  any  member  or  officer  of  said 
board ;  and  the  person  so  appointed  in  the  place  of  any  such  mem- 
ber of  the  board  shall  hold  his  office  until  the  next  annual  election 
of  trustees. 

17.  To  remove  any  member  of  their  board  for  official  miscon- 
duct. But  a  written  copy  of  all  charges  made  of  such  miscon- 
duct shall  be  served  upon  him  at  least  ten  days  before  the  time 
appointed  for  a  hearing  of  the  same;  and  he  shall  be  allowed  a 
full  and  fair  opportunity  to  refute  such  charges  before  removal 

18.  To  provide  and  maintain  suitable  and  convenient  water- 
closets  as  provided  in  section  four  hundred  and  fifty-seven  of  this 
chapter. 

19.  To  borrow  money  in  anticipation  of  taxes  remaining  uncol- 
lected which  have  been  levied  by  such  district  for  the  current 
fiscal  year,  and  not  in  excess  thereof,  whenever  in  the  discretion 
of  the  board  of  education  it  shall  be  necessary  to  do  so  for  the 
purpose  of  paying  the  current  expenses  of  the  district  for  such 
current  fiscal  year,  by  issuing  certificates  of  indebtedness,  in  the 
name  of  the  board  of  education,  signed  by  the  president  and 
clerk  thereof,  which  certificates  must  be  payable  within  such 
current  fiscal  year  or  within  nine  months  thereafter,  and  shall 
bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum. 

20.  To  raise  by  tax  upon  the  property  of  the  district  any  men- 


EDUCATIOI^    LAW  7l 

eys  required  to  jiay  the  salary  of  teachers  employed  after  apply- 
ing thereto  the  school  moneys  apportioned  to  the  district  by  the 
state. 

21.  To  provide  for  the  medical  inspection  of  all  children  in 
attendance  upon  schools  under  their  supervision  vrhenever  in 
their  judgment  such  inspection  shall  be  necessary  and  to  pay  any 
expense  incurred  therefor  out  of  funds  authorized  by  the  voters 
of  the  district  or  city  or  which  may  properly  be  set  aside  for  such 
purpose  by  the  common  council  or  the  board  of  estimate  and  ap- 
portionment of  a  city.     [Suhd.  added  hy  L.  1910,  ch.  602.] 

§  311.  Night  schools;  kindergartens.  The  board  of 
education  of  each  school  district  and  of  each  city  may  maintain : 

1.  Night  schools  and  determine  the  courses  of  instruction  to  be 
given  therein.  Such  schools  shall  be  free  to  all  persons  residing 
in  the  district  or  city. 

2.  Kindergartens  which  shall  be  free  to  resident  children  be- 
tween the  ages  of  four  and  six  years. 

§  312.  Appointment  of  superintendent  of  schools. 
1.  In  any  union  free  school  district  having  a  population  of  five 
thousand  or  more,  which  fact  shall  be  determined  by  the  commis- 
sioner of  education,  as  provided  in  section  four  hundred  and 
ninety-two  of  this  chapter,  the  board  of  education  may  appoint  a 
superintendent  of  schools. 

2.  Such  superintendent  shall  be  under  the  direction  of  the  board 
of  education,  which  shall  prescribe  his  powers  and  duties.  He 
shall  be  paid  a  salary  from  the  teachers'  fund,  to  be  fixed  by  the 
board  of  education,  and  he  may  be  removed  from  office  by  a  vot€ 
of  the  majority  of  all  the  members  of  such  board.  Whenever  such 
superintendent  shall  be  appointed,  the  said  union  free  school  dis- 
trict shall  be  entitled  to  the  benefits  of  the  provisions  of  section 
four  hundred  *tnd  ninety-two  of  this  chapter. 

§  313.  Regular  meetings;  visitation  of  schools.  1. 
It  shall  be  the  duty  of  each  board  of  education  elected  pursuant  to 
the  provisions  of  this  article  to  have  a  regular  meeting  at  least 
once  in  each  quarter. 

2.  Each  board  shall  appoint  one  or  more  committees,  to  visit 
every  school  or  department  under  its  supervision  and  such  com- 
mittee shall  visit  such  schools  at  least  twice  in  each  quarter,  and 
report  at  the  next  regular  meeting  of  the  board  on  the  condition 
thereof. 

*  So  in  original. 


72  XEW    YORK    STATE    EDUCATION    DEPARTMENT 

3.  The  meetings  of  all  such  hoards  shall  he  open  to  the  public, 
but  said  boards  may  hold  executive  sessions,  at  which  sessions 
only  the  members  of  such  boards  or  the  persons  invited  shall  be 
present. 

§  314.  Limitation  upon  expenditures.  ISTo  board  of 
education  shall  incur  a  district  liability  in  excess  of  the  amount 
appropriated  by  a  district  meeting  unless  such  board  is  specially 
authorized  by  law  to  incur  such  liability. 

§  315.  Deposit,  custody  and  payment  of  moneys  in 
cities  and  villages.  1.  All  moneys  raised  for  the  support  of 
schools  in  any  city  or  in  any  union  free  school  district  whose 
boundaries  are  coterminous  with  the  boundaries  of  an  incorpo- 
rated village  or  apportioned  to  the  same  by  the  education  depart- 
ment or  otherwise,  shall  be  paid  into  the  treasury  of  such  city  or 
village  to  the  credit  of  the  board  of  education  therein;  and  the 
funds  so  received  into  such  treasury  shall  be  kept  separate  and 
distinct  from  any  other  funds  received  into  the  said  treasury. 
And  the  officer  having  the  charge  thereof  shall  give  such  additional 
security  for  the  safe  custody  thereof  as  the  corporate  authorities 
of  such  city  or  village  shall  require. 

2.  1^0  money  shall  be  drawn  from  such  funds,  credited  to  the 
several  boards  of  education,  unless  in  pursuance  of  a  resolution 
of  said  board,  and  on  drafts  drawn  by  the  president  and  counter- 
signed by  the  secretary  or  clerk,  payable  to  the  order  of  the  per- 
sons entitled  to  receive  such  money,  and  stating  on  their  face  the 
purpose  or  service  for  which  such  moneys  have  been  authorized 
to  be  paid  by  the  said  board  of  education. 

§  316.  Moneys  and  accounts  in  union  free  school 
districts  ixrhose  boundaries  are  not  the  same  as  the 
boundaries  of  incorporated  cities  and  villages.  1. 
All  moneys  raised  in  a  union  free  school  district  whose  limits  do 
not  correspond  with  those  of  a  city  or  an  incorporated  village,  or 
apportioned  thereto  by  the  education  department  or  otherwise, 
shall  be  paid  to  the  treasurer  of  the  district  entitled  to  receive 
the  same,  and  be  applied  to  the  uses  of  the  district  and  the  board 
shall  annually  render  their  accounts  of  all  moneys  received  and 
expended  by  them  for  the  use  of  said  schools. 

2.  "No  money  shall  be  drawn  from  such  funds  in  possession  of 
such  treasurer,  unless  in  pursuance  of  a  resolution  of  said  board, 
and  on  drafts  drawn  by  the  president  and  countersigned  by  the 
clerk  payable  to  the  order  of  the  persons  entitled  to  *reecive  such 


EDUCATIOIS'    LAW  73 

money,  and  stating  on  their  face  the  purpose  or  service  for  which 
said  moneys  have  been  authorized  to  be  paid  by  the  said  board 
of  education. 

§  317.  Boards  of  education  have  po^vers  of  trus- 
tees of  common  schools  and  trustees  of  academies. 
The  board  of  education  shall  possess  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  in  respect  to  the  common 
schools,  or  the  common  school  departments  in  any  union  free 
school  in  said  districts,  which  the  trustees  of  common  schools 
possess  or  are  subject  to  under  this  chapter,  not  specially  provided 
for  in  this  article,  and  not  inconsistent  with  the  provisions  of  this 
article;  and  to  enjoy,  whenever  an  academic  department  shall  be 
by  them  established,  all  the  immunities  and  privileges  now  en- 
joyed by  the  trustees  of  academies  in  this  state. 

§  318.  Academy  may  be  adopted  as  academic  de- 
partment. Whenever  a  union  free  school  shall  be  established 
under  the  provisions  of  article  five,  and  there  shall  exist  within 
its  district  an  academy,  the  board  of  education,  when  authorized 
by  a  vote  of  the  voters  of  the  district,  may  adopt  such  academy  as 
the  academic  department  of  the  district,  with  the  consent  of  the 
trustees  of  the  academy,  and  thereupon  the  trustees  by  a  resolu- 
tion to  be  attested  by  the  signatures  of  the  officers  of  the  board 
and  filed  in  the  office  of  the  clerk  of  the  county,  shall  declare  their 
offices  vacant,  and  thereafter  the  said  academy  shall  be  the  aca- 
demic department  of  such  union  free  school.  The  board  of  edu- 
cation when  thereto  authorized  by  a  vote  of  the  qualified  voters 
of  the  district  may  lease  said  academy  and  site,  and  maintain 
the  academic  department  of  such  union  free  school  therein  and 
thereon. 

§  319.  Contracts  with,  academies.  The  board  of  edu- 
cation of  a  union  free  school  district,  with  the  approval  of  the 
commissioner  of  education,  may  adopt  an  academy  as  the  academic 
department  thereof,  and  contract  for  the  instruction  therein  of 
pupils  of  academic  grade,  residing  in  the  district.  The  academy 
thereupon  becomes  the  academic  department  of  such  union  free 
school,  and  the  district  is  entitled  to  the  same  rights  and  privi- 
leges, is  subject  to  the  same  duties,  and  the  apportionment  and 
distribution  of  state  school  money  shall  be  made  to  it,  as  if  an 
academic  department  had  been  established  in  such  school. 

§  320.  Retransf er  of  academy  to  its  former  trus- 
tees.   If  there  shall  be,  in  a  dissolved  union  free  school  district, 


74  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

an  academy  which  shall  have  been  adopted  as  the  academic  de- 
partment of  the  union  free  school,  under  the  provisions  of  title 
nine,  chapter  five  hundred  and  fifty-five  of  the  laws  of  eighteen 
hundred  and  sixty-four,  and  any  amendment  thereof,  or  title  eight 
of  chapter  five  hundred  and  fifty-six  of  the  laws  of  eighteen  hun- 
dred and  ninety-four,  and  any  amendment  thereof,  or  under  this 
chapter,  it  shall,  upon  the  application  of  a  majority  of  the  sur- 
viving resident  former  trustees  or  stockholders,  be  transferred  by 
the  board  of  education  to  said  former  trustees  or  stockholders. 

§  321.  Records;  reports.  It  shall  be  the  duty  of  said 
board  to  keep  an  accurate  record  of  all  its  proceedings  in  books 
provided  for  that  purpose.  It  shall  be  the  duty  of  said  board 
to  cause  to  be  published  once  in  each  year,  and  twenty  days  next 
before  the  annual  meeting  of  the  district,  in  at  least  one  public 
newspaper,  printed  in  such  district,  a  full  and  detailed  account 
of  all  moneys  received  by  the  board  or  the  treasurer  of  said  dis- 
trict, for  its  account  and  use,  and  of  all  the  moneys  expended 
therefor,  giving  the  items  of  expenditure  in  full ;  should  there  be 
no  paper  published  in  said  district  said  board  shall  publish  such 
account  by  notice  to  the  taxpayers,  by  posting  copies  thereof  in 
five  public  places  in  said  district.  [Thus  amended  by  L.  1910, 
ch.  442,  in  effect  September  1,  1910.] 

§  322.  Reports  to  commissioner  of  education,  l. 
The  board  of  education  of  each  district  and  of  each  city  shall 
make  such  detailed  report  and  in  such  form  upon  any  matter 
relating  to  the  schools  under  their  management  and  control  as  the 
commissioner  of  education  shall  from  time  to  time  require. 

2.  Such  board  of  education  shall  also  mak^  an  annual  report 
giving  the  information  relating  to  their  schools  required  of  trustees 
under  section  two  hundred  and  seventy-six  of  this  chapter.  Such 
report  shall  also  contain  such  information  as  the  commissioner  of 
education  shall  require  and  shall  be  in  the  form  prescribed  by  him. 
Such  report  shall  be  made  on  the  first  day  of  August  of  each  year 
and,  in  the  case  of  a  board  of  education  of  a  union  free  school  dis- 
trict, shall  be  delivered  to  the  town  clerk  of  the  town  in  which 
the  school-house  of  such  district  is  located. 

§  323.  Estimated  expenses  for  ensuing  year.  It 
shall  be  the  duty  of  the  board  of  education  of  each  district  to 
present  at  the  annual  meeting  a  detailed  statement  in  writing  of 
the  amount  of  money  which  will  be  required  for  the  ensuing  year 
for  school  purposes,  exclusive  of  the  public  moneys,  specifyinj]: 
the  several  purposes  ard  the  amount  for  each.     This  section  shall 


EDUCATION"    LAW  75 

not  be  construed  to  prevent  the  board  from  presenting  such  state- 
ment at  a  special  meeting  called  for  the  purpose,  nor  from  pre- 
senting a  supplementary  and  amended  statement  or  estimate  at 
any  time. 

§  324.  Vote  upon  school  taxes.  After  the  presentation 
of  such  statement  or  estimate,  the  question  shall  be  taken 
upon  voting  the  necessary  taxes  to  meet  the  estimated  expendi- 
tures, and  when  demanded  by  any  voter  present,  the  question  shall 
be  taken  upon  each  item  separately,  and  the  inhabitants  may  in- 
crease the  .amount  of  any  estimated  expenditures  or  reduce  the 
same,  except  for  teachers'  wages,  and  the  ordinary  contingent  ex- 
penses of  the  schools. 

§  325.  Levy  of  tax  for  certain  purposes  ixritliout 
vote.  If  the  inhabitants  shall  neglect  or  refuse  to  vote  the  sum 
estimated  necessary  for  teachers'  wages,  after  applying  thereto 
the  public  school  moneys,  and  other  moneys  received  or  to  be  re- 
ceived for  that  purpose,  or  if  they  shall  neglect  or  refuse  to  vote 
the  sum  estimated  necessary  for  ordinary  contingent  expenses,  the 
board  of  education  may  levy  a  tax  for  the  same,  in  like  manner  as 
if  the  same  had  been  voted  by  the  inhabitants. 

§  326.  Reference  to  commissioner  of  education.  If 
any  question  shall  arise  as  to  what  are  ordinary  contingent  ex- 
penses the  same  may  be  referred  to  the  commissioner  of  edu- 
cation, by  a  statement  in  writing,  signed  by  one  or  more  of 
each  of  the  opposing  parties  upon  the  question,  and  the  decision 
of  the  commissioner  shall  be  conclusive. 

§  327.  Corporate  authorities  must  raise  tax  cer- 
tified by  board  of  education.  1.  The  corporate  authori- 
ties of  any  incorporated  village  or  city  in  which  any  such  union 
free  school  shall  be  established,  shall  have  power,  and  it  shall 
be  their  duty,  to  raise,  from  time  to  time,  by  tax,  to  be  levied 
upon  all  the  real  and  personal  property  in  said  city  or  village,  as 
by  law  provided  for  the  defraying  of  the  expenses  of  its  municipal 
government,  such  sum  as  the  board  of  education  established 
therein  shall  declare  necessary  for  teachers'  salaries  and  the  ordi- 
nary contingent  expenses  of  supporting  the  schools  of  said 
district. 

2.  The  sums  so  declared  necessary  shall  be  set  forth  in  a  de- 
tailed statement  in  writing,  addressed  to  the  corporate  authorities 
by  the  board  of  education,  giving  the  various  purposes  of  antici- 
pated expenditure,  and  the  amount  necessary  for  each;  and  the 


76  NEW    YOKK    STATE    EDUCATION    DEPARTMENT 

said  corporate  authorities  shall  have  no  power  to  withhold  the 
sums  so  declared  to  be  necessary;  and  such  corporate  authorities 
as  aforesaid  shall  have  power,  and  it  shall  be  their  duty  to  raise, 
from  time  to  time,  by  tax  as  aforesiaid,  any  such  further  sum  to 
be  set  forth  in  a  detailed  statement  in  writing,  addressed  to  the 
corporate  authorities  by  the  board  of  education,  giving  the  various 
purposes  of  the  proposed  expenditure,  and  the  amount  necessary 
for  each  which  may  have  been  or  which  may  hereafter  be  au- 
thorized by  a  majority  of  the  voters  of  such  union  free  school 
district  present  and  voting  at  any  special  district  meeting  duly 
convened  for  any  of  the  purposes  stated  in  section  four  hundred 
and  sixty-seven  of  this  chapter. 

§  328.  Application  of  tliis  article.  The  provisions  of 
this  article  shall  apply  to  all  union  free  schools  heretofore  or- 
ganized pursuant  to  the  provisions  of  chapter  four  hundred  and 
thirty-three  of  the  laws  of  eighteen  hundred  and  fifty-three,  and 
the  amendments  thereof,  chapter  five  hundred  (and  fifty-five  of 
the  laws  of  eighteen  hundred  and  sixty-four,  and  the  amendments 
thereof,  and  of  chapter  -^ye  hundred  and  fifty-six  of  the  laws 
of  eighteen  hundred  and  ninety-four  and  the  amendments  thereof ; 
and  sections  three  hundred  and  twenty-seven,  four  hundred  and 
sixty,  four  hundred  and  sixty-seven  and  four  hundred  and  eighty 
of  this  chapter  are  made  applicable  to  all  school  districts  estab- 
lished by  and  organized  under  special  statutes,  except  those  of 
cities;  and  sections  three  hundred  and  ten,  subdivision  nineteen, 
three  hundred  and  twelve  and  four  hundred  and  fifty-eight  of  this 
chapter  are  made  applicable  to  all  school  districts  having  a  popula- 
tion of  five  thousand  and  upwards  established  by  and  organized 
under  special  statutes. 

ARTICLE  12 

ToTvn  Clerks 

Section  340.  Duties  of  town  clerks. 

341.  Expenses  of  town  clerks. 

§  340.  Duties  of  town  clerks.  It  shall  be  the  duty  of 
the  town  clerk  of  each  town: 

1.  To  keep  all  books,  maps,  papers,  and  records  of  his  office 
touching  common  schools,  and  forthwith  to  report  to  the  school 
commissioner  any  loss  or  injury  to  the  same. 


EDUCATION    LAW  77 

2.  To  receive  from  the  supervisors  the  certificates  of  apportion- 
ment of  school  moneys  to  the  town,  and  to  record  them  in  a  book 
to  be  kept  for  that  purpose. 

3.  To  notify  forthwith  the  trustees  of  the  several  school  dis- 
tricts of  the  filing  of  each  such  certificate. 

4.  To  see  thrat  the  trustees  of  the  school  districts  make  and  de- 
posit with  him  their  annual  reports  within  the  time  prescribed  by 
law,  and  to  deliver  them  to  the  school  commissioner  on  demand. 

5.  To  furnish  the  school  commissioner  of  the  school  commis- 
sioner district  in  which  his  town  is  situated  the  names  and  post- 
office  addresses  of  the  school  district  officers  reported  to  him  by 
the  district  clerks. 

6.  To  distribute  to  the  trustees  of  the  school  districts  all  books, 
blanks  and  circulars  which  shall  be  delivered  or  forwarded  to  him 
by  the  commissioner  of  education  or  school  commissioner  for  that 
purpose. 

7.  To  receive  from  the  supervisor,  and  record  in  a  book  kept 
for  that  purpose,  the  annual  account  of  the  receipts  and  disburse- 
ments of  school  moneys  required  to  be  submitted  to  the  town 
auditors,  together  with  the  action  of  the  town  auditors  thereon, 
and  to  send  a  copy  of  the  account  and  of  the  action  thereon,  by 
mail,  to  the  commissioner  of  education  whenever  required  by  him, 
and  to  file  and  preserve  the  vouchers  accompanying  the  account. 

8.  To  receive  and  to  record,  in  the  same  book,  the  supervisor's 
final  account  of  the  school  moneys  received  and  disbursed  by  him, 
and  deliver  a  copy  thereof  to  such  supervisor's  successor  in  office. 

9.  To  receive  from  the  outgoing  supervisor,  and  file  and  record 
in  the  same  book,  the  county  treasurer's  certificate,  that  his  suc- 
cessor's bond  has  been  given  and  approved. 

10.  To  receive,  file  and  record  the  descriptions  of  the  school 
districts,  and  all  papers  and  proceedings  delivered  to  him  by  the 
school  commissioner  pursuant  to  the  provisions  of  this  chapter. 

11.  To  act,  When  thereto  legally  required,  in  the  erection  or 
alteration  of  a  school  district,  as  in  article  five  of  this  chapter 
provided. 

12.  To  receive  and  preserve  the  books,  papers  and  records  of 
any  dissolved  school  district,  which  shall  be  ordered,  as  herein- 
after provided,  to  be  deposited  in  his  office. 

13.  To  perform  any  other  duty  which  may  be  devolved  upon 
him  by  this  chapter,  or  by  any  other  act  touching  common  schools. 

§  341.  Expenses  of  town  clerks.  The  necessary  ex- 
penses and  disbursements  of  the  town  clerk  in  the  performance 


78  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

of  his  said  duties,  are  a  town  charge,  and  shall  be  audited  and 
paid  as  such. 

ARTICLE  13 
Supervisors 

Section  360.  Duties  of  supervisors. 

361.  Sale  of  gospel  or  school  lots  on  division  of  town. 

362.  Payment  of  proceeds  of  sale  of  gospel  or  school  lots. 

363.  Supervisor's  bond  for  school  moneys. 

364.  Refusal  of  supervisor  to  give  bond. 

365.  Eeport  by  supervisors  to  county  treasurer. 

§  360.  Duties  of  supervisors.  It  is  the  duty  of  every 
supervisor : 

1.  To  disburse  the  school  moneys  in  his  hands  applicable  to 
the  payment  of  teachers'  wages,  upon  and  only  upon  the  written 
orders  of  a  sole  trustee  or  a  majority  of  the  trustees,  in  favor  of 
qualified  teachers.  But  whenever  the  collector  in  any  school  dis- 
trict shall  have  given  bonds  for  the  due  and  faithful  performance 
of  the  duties  of  his  office  as  disbursing  agent,  as  required  by  sec- 
tion two  hundred  and  fifty-three  or  whenever  any  school  district 
shall  elect  a  treasurer  as  provided  in  this  chapter,  the  said  super- 
visor shall,  upon  the  receipt  by  him  of  a  copy  of  the  bond  ex- 
ecuted by  said  collector  or  treasurer  as  herein  required,  certified 
by  the  trustees,  pay  over  to  such  collector  or  treasurer,  all  moneys 
in  his  hands  applicable  to  the  payment  of  teachers'  wages  in  such 
district,  and  the  said  collector  or  treasurer  shall  disburse  such 
moneys  so  received  by  him  upon  such  orders  as  are  specified  herein 
to  the  teachers  entitled  to  the  same. 

2.  To  pay  over  all  the  school  money  apportioned  to  a  union 
free  school  district,  to  the  treasurer  of  such  district,  upon  the 
order  of  its  board  of  education. 

3.  To  keep  a  just  and  true  account  of  all  the  school  moneys 
received  and  disbursed  by  him  during  each  year,  and  to  lay  the 
same,  with  proper  vouchers,  before  the  town  board  or  board  of 
town  auditors  at  each  annual  meeting  thereof. 

4.  To  provide  a  bound  blank  book,  the  cost  of  which  shall  be 
a  town  charge,  and  to  enter  therein  all  his  receipts  and  disburse- 
ments of  school  moneys,  specifying  from  whom  and  for  what  pur- 
poses they  were  received,  and  to  whom  and  for  what  purposes 


EDUCATIOX    LAW  79 

they  were  paid  out;  and  to  deliver  the  book  to  his  successor  in 
office. 

5.  To  make  out  a  just  and  true  account  of  all  school  moneys 
received  by  him  and  of  all  disbursements  thereof,  within  fifteen 
days  after  the  termination  of  his  office  and  to  deliver  the  same  to 
the  town  clerk,  to  be  filed  and  recorded,  and  to  notify  his  successor 
in  office  that  such  account  has  been  made  and  filed. 

6.  To  deliver  to  his  predecessor  the  county  treasurer's  certifi- 
cate showing  that  he  has  given  to  such  treasurer  the  bond  required 
by  section  three  hundred  and  sixty-three  of  this  chapter  and  that 
such  bond  has  been  approved  by  such  treasurer,  and  to  procure 
from  the  town  clerk  a  copy  of  his  predecessor's  account,  and  to 
demand  and  receive  from  him  all  school  moneys  remaining  in  his 
hands. 

7.  To  pay  to  his  successor  upon  receipt  of  such  certificate  all 
school  moneys  remaining  in  his  hands,  and  to  forthwith  file  the 
certificate  in  the  town  clerk's  office. 

8.  To  sue  for  and  recover,  in  his  name  of  office,  when  the  duty 
is  not  elsewhere  imposed  by  law,  all  penalties  and  forfeitures  im- 
posed by  this  chapter,  and  for  any  default  or  omission  of  any 
town  officer  or  school  district  board  or  officer  under  this  chapter; 
and  after  deducting  his  costs  and  expenses  to  report  the  balances 
to  the  school  commissioner. 

9.  To  act,  when  legally  required,  in  the  erection  or  alteration  of 
a  school  district,  as  provided  in  article  five  of  this  chapter,  and  to 
perform  any  other  duty  which  may  be  devolved  upon  him  by  this 
chapter,  or  any  other  act  relating  to  common  schools. 

10.  To  take  and  hold  possession  of  the  gospel  and  school  lots 
of  their  respective  towns. 

11.  To  lease  the  same  for  such  time  not  exceeding  twenty- 
one  years,  and  upon  such  conditions  as  they  shall  deem  expedient. 

12.  To  sell  the  same  with  the  advice  and  consent  of  the  in- 
habitants of  the  town,  in  town-meeting  assembled,  for  such  price 
and  upon  such  terms  of  credit  as  shall  appear  to  them  most  ad- 
vantageous. 

13.  To  invest  the  proceeds  of  such  sales  in  loans,  secured  by 
bond  and  mortgage  upon  unincumbered  real  property  of  the  value 
of  double  the  amount  loaned. 

14.  To  purchase  the  property  so  mortgaged  uron  a  foreclosure, 
and  to  hold  and  convey  the  property  so  purchased  whenever  it 
shall  become  necessary. 


80  I^EW    YORK    STATE    EDUCATIOIS^    DEPARTMENT 

15.  To  re-loan  the  amount  of  such  loans  repaid  to  them,  upon 
the  like  security. 

16.  To  apply  the  rents  and  profits  of  such  lots,  and  the  inter- 
est of  the  money  arising  from  the  sale  thereof,  to  the  support  of 
schools,  as  may  be  provided  by  law,  in  such  manner  as  shall  be 
thus  provided. 

llr.  To  render  a  just  and  true  account  of  the  proceeds  of  the 
sales  and  the  interest  on  the  loans  thereof,  and  of  the  rents  and 
profits  of  such  gospel  and  school  lots,  and  of  the  expenditure  and 
appropriation  thereof,  on  the  last  Tuesday  next  preceding  the 
annual  town-meeting  in  each  year,  to  the  town  board. 

18.  To  deliver  over  to  his  successor  in  ofiice,  all  boxes,  papers 
and  securities  relating  to  the  same,  at  the  expiration  of  their 
respective  offices. 

19.  To  take  therefor  a  receipt,  which  shall  be  filed  in  the  clerk's 
office  of  the  town ;  and, 

20.  To  commence  and  prosecute  in  and  by  the  name  and  style 
of  the  supervisor  of  the  town  any  suits  against  any  of  his  prede- 
cessors in  office  or  against  any  other  person  to  recover  any  debt, 
dues  or  demands,  in  anywise  arising  from  such  public  lot ;  and  no 
such  suit  shall  abate  by  the  death,  resignation  or  removal  from 
office  of  the  said  supervisor  but  the  same  shall  and  may  be  prose- 
cuted to  judgment  and  execution  by  his  successor  in  office. 

§  361.  Sale  of  gospel  or  scliool  lots  on  division  of 
toivn.  Whenever  a  town  having  lands  assigned  to  it  for  the 
support  of  the  gospel  or  of  schools,  shall  be  divided  into  two  or 
more  towns,  or  shall  be  altered  in  its  limits  by  the  annexing  of  a 
part  of  its  territory  to  other  towns,  such  lands  shall  be  sold  by 
the  supervisor  of  the  town,  in  which  such  lands  were  included 
immediately  before  such  division  or  alteration ;  and  the  proceeds 
thereof  shall  be  apportioned  between  the  towns  interested  therein, 
in  the  same  manner  as  the  other  public  moneys  of  towns,  so 
divided  or  altered,  are  apportioned. 

§  362.  Payment  of  proceeds  of  sale  of  gospel  or 
scliool  lots.  The  shares  of  such  moneys,  to  which  the  towns 
shall  be  respectively  entitled,  shall  be  paid  to  the  supervisors  of 
the  respective  towns,  and  shall  thereafter  be  subject  to  the  pro- 
visions of  this  article. 

§  363.  Supervisor's  bond  for  school  moneys.  1. 
Immediately  on  receiving  the  school  commissioners'  certificates 
of  apportionment,  the  county  treasurer  shall  require  of  each  super- 


EDUCATION    LAW  81 

visor,  and  eacli  supervisor  shall  give  to  the  treasurer,  in  behalf  of 
the  town,  his  bond,  with  two  or  more  sufficient  sureties,  approved 
bj  the  treasurer,  in  the  penalty  of  at  least  double  the  amount  of 
the  school  moneys  set  apart  or  apportioned  to  the  town,  and  of  any 
such  moneys  unaccounted  for  by  his  predecessors,  conditioned  for 
the  faithful  disbursement,  safe-keeping  and  accounting  for  such 
moneys,  and  of  all  other  school  moneys  that  may  come  into  his 
hands  from  any  other  source. 

2.  If  the  condition  shall  be  broken  the  county  treasurer  shall 
sue  the  bond  in  his  own  name,  in  behalf  of  the  town,  and  the 
money  recovered  shall  be  paid  over  to  the  successor  of  the  super- 
visor in  default,  such  successor  having  first  ^giving  security  as 
aforesaid. 

3.  Whenever  the  office  of  a  supervisor  shall  become  vacant,  the 
county  treasurer  shall  require  the  person  elected  or  appointed  to 
fill  such  vacancy  to  execute  a  bond,  with  two  or  more  sureties,  to 
be  approved  by  the  treasurer,  in  the  penalty  of  at  least  double  the 
sum  of  the  school  moneys  remaining  in  the  hands  of  the  old  super- 
visor, when  the  office  became  vacant,  conditioned  for  the  faithful 
disbursement  and  safe-keeping  of  and  accounting  for  such  moneys. 
But  the  execution  of  this  bond  shall  not  relieve  the  supervisor 
from  the  duty  of  executing  the  bond  first  above  mentioned. 

§  364.  Refusal  of  supervisor  to  give  bond.  The  re- 
fusal of  a  supervisor  to  give  such  security  shall  be  a  misdemeanor, 
and  any  fine  imposed  on  his  conviction  thereof  shall  be  for  the 
benefit  of  the  common  schools  of  the  town.  Upon  such  refusal,  the 
moneys  so  set  apart  and  apportioned  to  the  town  shall  be  paid  to 
and  disbursed  by  some  other  officer  or  person  to  be  designated  by 
the  county  judge,  under  such  regulations  and  with  such  safeguards 
as  he  may  prescribe,  and  the  reasonable  compensation  of  such  offi- 
cer or  person,  to  be  adjusted  by  the  board  of  supervisors,  shall  be 
a  town  charge. 

§  365.  Report  by  supervisors  to  county  treasurer. 
On  the  first  Tuesday  of  February  in  each  year,  each  supervisor 
shall  make  a  return  in  writing  to  the  county  treasurer  for  the  use 
of  the  school  commissioners,  showing  the  amounts  of  school  mon- 
eys in  his  hands  not  paid  on  the  orders  of  trustees  for  teachers' 
salaries,  and  the  districts  to  which  they  stand  accredited,  and  if 
such  moneys  remain  in  his  hands,  he  shall  report  that  fact;  and 
thereafter  he  shall  not  pay  out  any  of  said  moneys  until  he  shall 

*  So  in  original. 


82  JN^EW    YORK    STATE    EDUCATIOX    DEPARTMENT 

have  received  the  certificate  of  the  next  apportionment;  and  the 
moneys  so  returned  by  him  shall  be  reapportioned  as  directed  in 
article  eighteen  of  this  chapter. 

ARTICLE  14 

[Entire  article  amended  by  L.  1910,  ch.  607.] 

District     Superintendent    of    Schools;    His 
Election,  Poivers  and  Duties 

Section  380.  Office  of  district  superintendent  of  schools  created. 

381.  Supervisory  districts. 

382.  School  directors. 

383.  Election  of  district  superintendent. 

384.  Qualifications  of  district  superintendents. 

385.  District  superintendent  must  take  oath  of  office. 

386.  Term  of  office  of  district  superintendent. 

387.  Vacancies  in  the   office  of  district  superintendent. 

388.  Filling   vacancy   in   the   office    of   district   superin- 

tendent. 

389.  Salary  of  district  superintendent. 

390.  Expense  of  district  superintendents. 

391.  Salary  of  district  superintendent  may  be  withheld. 

392.  Removal  of  district  superintendent  from  office. 

393.  District  superintendent  not  to  be  interested  in  cer- 

tain business  or  to  accept  rewards,  et  cetera. 

394.  District    superintendents    not   to    engage    in    other 

business. 

395.  General    powers    and    duties    of    district    superin- 

tendent. 

396.  District  superintendent  subject  to  the  rules  of  com- 

missioner of  education. 

397.  Other  duties  of  a  district  superintendent. 

398.  Appeals   from   acts   of   district   superintendent,   et 

cetera. 

§  380.  Office  of  district  superintendent  of  schools 
created.  The  office  of  district  superintendent  of  schools  is 
hereby  created  to  begin  on  the  first  day  of  January,  nineteen 
hundred  and  twelve. 

§  381.*  Supervisory  districts.  1.  The  territory  em- 
braced in  the  school  commissioner  districts  of  the  state  outside 

*  This  section,  as  amended  by  L.  1910,  chap.  607,  took  effect  July  1,  1910. 


EDUCATION    LAW  83 

of  cities  and  of  school  districts  of  five  thousand  population  or 
more,  which  employ  a  superintendent  of  schools,  shall  be  organ- 
ized and  divided  into  supervisory  districts.  In  the  formation  or 
division  of  such  territory  into  such  districts  no  town  shall  be 
divided.  The  territory  of  such  districts  must  be  contiguous  and 
compact  and  towns  shall  be  arranged  in  districts  so  that  there 
shall  be  as  equal  a  division  of  the  territory  and  number  of  school 
districts  as  may  be  practicable. 

2.  In  a  county  entitled  to  two  or  more  supervisory  districts  the 
school  commissioner  of  each  school  commissioner  district  in  such 
county  and  the  supervisor  of  each  town  in  such  county  shall  meet 
at  the  county  seat  of  such  county  on  the  third  Tuesday  in  April, 
nineteen  hundred  and  eleven,  at  ten  o'clock  in  the  forenoon  and 
divide  such  county  into  the  number  of  supervisory  districts  to 
which  it  is  entitled. 

3.  The  county  clerk  of  such  county  shall  give  ten  days'  notice, 
in  writing,  of  such  meeting,  to  each  of  such  school  commissioners 
and  supervisors.  The  county  clerk  shall  also  call  such  meeting 
to  order  at  the  proper  hour  and  the  school  commissioners  and 
supervisors  present  shall  elect  from  their  number  a  chairman  and 
a  clerk. 

4.  A  copy  of  the  proceedings  of  such  meeting  showing  the  su- 
pervisory districts  formed  and  naming  the  towns  composing  each 
of  such  districts,  certified  by  the  chairman  and  clerk,  shall  be 
deposited  by  the  clerk  of  such  meeting  in  the  office  of  the  clerk 
of  the  county  immediately  after  the  close  of  the  meeting.  The 
county  clerk  on  receipt  of  the  same  shall  forward  a  certified  copy 
thereof  to  the  commissioner  of  education. 

5.  The  number  of  supervisory  districts  into  which  each  county 
shall  be  organized  or  divided  is  as  follows : 

a.  Hamilton,  Putnam,  Rockland,  Schenectady,  each  one; 

b.  Chemung,  Fulton,  Genesee,  Montgomery,  N'assau,  Schuyler, 
Seneca,  Yates,  each  two; 

c.  Albany,  Clinton,  Columbia,  Cortland,  Essex,  Greene,  Liv- 
ingston, Niagara,  Orange,  Orleans,  Rensselaer,  Schoharie,  Suf- 
folk, Sullivan,  Tioga,  Tompkins,  Warren,  Wyoming,  each  three; 

d.  Broome,  Dutchess,  Franklin,  Herkimer,  Lewis,  Madison, 
Monroe,  Ontario,  Saratoga,  Ulster,  Washington,  Wayne,  West- 
chester, each  four; 

e.  Allegany,  Cattaraugus,  Cayuga,  Chenango,  Erie,  Onondaga, 
Oswego,  each  five; 


84  ^EW    YORK    STATE    EDUCATION    DEPARTMENT 

f.  Oliautauqua,  Delaware,  Jefferson,  Otsego,  each  six; 

g.  Oneida,  Steuben,  each  seven; 

h.  Saint   Lawrence,   eight   districts.      ^ 

§  382.^  School  directors.  1.  Two  school  directors  shall 
be  elected  for  each  town  at  the  general  election  held  in  the  year 
nineteen  hundred  and  ten.  One  of  such  directors  shall  be  elected 
to  serve  until  January  one,  nineteen  hundred  and  thirteen,  and  the 
other  shall  be  elected  to  serve  until  January  one,  nineteen  hundred 
and  sixteen.  A  director  shall  be  elected  at  the  general  election 
in  nineteen  hundred  and  twelve  and  every  fifth  year  thereafter  and 
one  shall  be  elected  in  nineteen  hundred  and  fifteen  and  every 
fifth  year  thereafter.  The  term  of  ofiice  of  the  directors  elected  in 
nineteen  hundred  and  twelve  and  thereafter  shall  commence  on 
the  first  day  of  January  following  their  election  and  continue  for 
five  years.  Such  directors  shall  be  elected  in  the  same  manner 
that  town  officers  are  elected  at  town  meetings  held  at  the  time  of 
a  general  election,  and  the  provisions  of  the  election  law  relating 
to  the  nomination  and  election  of  such  town  officers  shall  apply  to 
the  nomination  and  election  of  such  directors. 

2.  A  school  director  shall  vacate  his  office  by  removal  from  the 
town  or  by  filing  a  written  resignation  with  the  town  clerk.  A 
vacancy  in  the  office  of  school  director  shall  be  filled  by  the  town 
board  of  the  town  in  which  such  vacancy  exists.  If  the  town 
fails  to  elect  a  director  a  vacancy  shall  be  deemed  to  exist  in  such 
office. 

3.  A  school  director  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  and  not  later  than  thirty  days  after  the  date  on 
which  he  was  elected  to  office,  shall  take  the  oath  of  office  pre- 
scribed by  the  constitution.  Such  oath  may  be  taken  before  a 
justice  of  the  peace  or  a  notary  public,  and  must  be  filed  in  the 
office  of  the  clerk  of  the  town. 

4.  A  school  director  shall  receive  two  dollars  per  day  for  each 
day's  service  and  his  necessary  traveling  expenses,  and  the  town 
board  of  the  town  for  which  such  director  is  chosen  shall  audit  and 
allow  the  same. 

§  383.f  Election  of  district  superintendent.  1.  The 
school  directors  of  the  several  towns  composing  a  supervis- 
ory district  shall  meet  for  organization  at  eleven  o'clock  in  the 
forenoon  on  the  third  Tuesday  in  May  following  their  election. 

*  This  section,  as  amended  by  L.  1910,  chap.  607,  took  effect  July  1,  1910. 
t  This  section,  as  amended  by  L.  1910,  chap.  607,  took  effect  April  1,  1911. 


educatio:n'  law  85 

Such  meeting  shall  be  held  at  a  place  in  the  supervisory  district, 
designated  by  the  county  clerk,  at  least  ten  days  previous  to  the 
date  thereof.  At  the  time  the  county  clerk  designates  such  place 
of  meeting  he  shall  also  mail  a  notice  of  the  time  and  place  of 
such  meeting  to  each  school  director  of  the  district.  The  school 
directors  present  at  such  meeting  shall  organize  by  electing  from 
their  number  a  chairman,  a  clerk  and  two  inspectors  of  election. 
The  school  directors  at  such  meeting  shall  designate  a  place  for 
holding  future  meetings. 

2.  The  school  directors  of  the  several  towns  composing  a 
supervising  district  shall  be  a  board  of  school  directors,  and  such 
board  of  directors  shall  meet  at  eleven  o'clock  in  the  forenoon  on 
the  third  Tuesday  in  August,  nineteen  hundred  and  eleven,  and 
on  the  third  Tuesday  in  June  every  fifth  year  thereafter,  and 
elect  a  district  superintendent  of  schools.  The  clerk  of  such 
board  shall  give  each  director  at  least  ten  days'  notice  in  writing 
of  the  hour,  date  and  place  of  such  meeting. 

3.  If  such  directors  fail  to  elect  a  district  superintendent  of 
schools  before  the  first  day  of  January  following  the  date  of  such 
meeting,  and  a  vacancy  exists  in  such  office,  the  county  judge  shall 
appoint  such  superintendent  who  shall  serve  until  the  board  of 
directors  shall  fill  such  vacancy. 

4.  In  the  election  of  such  district  superintendent  the  vote  shall 
be  by  ballot  and  the  person  receiving  a  majority  of  all  votes  cast 
shall  be  elected.  Each  school  director  shall  be  entitled  to  one 
vote  in  such  election. 

5.  The  clerk  of  such  board  shall  file  a  copy  of  the  proceedings 
of  each  meeting  and  each  election,  certified  by  himself  and  the 
chairman,  in  the  office  of  the  clerk  of  the  county  in  which  such 
meeting  or  election  is  held  within  three  days  after  the  close 
thereof. 

6.  The  county  clerk  on  receipt  of  notice  of  the  election  of  a 
district  superintendent  of  schools  in  any  supervisory  district  of 
his  county  shall  deliver  to  the  person  elected  a  certificate  of  such 
election  attested  by  his  signature  with  the  seal  of  the  county  and 
shall  also  transmit  to  the  commissioner  of  education  a  duplicate 
of  such  certificate  of  election. 

§  384.  Qualifications  of  district  superintendents. 
1.  To  be  eligible  to  election  to  the  office  of  district  superintend- 
ent of  schools  a  person  must  be  at  least  twenty-one  years  of  age, 
a  citizen  of  the  United  States  and  a  resident  of  the  state,  but  he 
need  not  be  a  resident  of  the  supervisory  district  for  which  he  is 


86  NEW    YORK    STATE    EDUCATIO]^^    DEPARTMENT 

elected  at  the  time  of  liis  election.  Such  superintendent  must, 
however,  become  a  resident  of  the  county  containing  the  district 
for  which  he  has  been  elected  on  or  before  the  date  on  which  his 
term  of  office  begins.  Failure  to  acquire  such  residence  will  be 
deemed  a  removal  from  the  county.  J^o  person  shall  be  ineligible 
on  account  of  sex. 

2.  In  addition  thereto  he  must  possess  or  be  entitled  to  receive 
a  certificate  authorizing  him  to  teach  in  any  of  the  public  schools 
of  the  state  without  further  examination  and  he  shall  also  pass  an 
examination  prescribed  by  the  commissioner  of  education  on  the 
supervision  of  courses  of  study  in  agriculture  and  teaching  the 
same. 

3.  A  district  superintendent  who  is  removed  from  office  shall 
not  be  eligible  to  election  to  such  office  in  any  supervisory  district 
for  a  period  of  five  years. 

§  385.  District  superintendent  must  take  oath  of 
office.  A  district  superintendent  of  schools  before  entering 
upon  the  discharge  of  the  duties  of  his  office,  and  not  later  than 
five  days  after  the  date  on  which  his  term  of  office  is  to  com- 
mence, shall  take  the  oath  of  office  prescribed  by  the  constitu- 
tion. Such  oath  may  be  taken  before  a  county  clerk,  a  justice 
of  the  peace,  or  a  notary  public  and  must  be  filed  in  the  office  of 
the  clerk  of  the  county. 

§  386.  Term  of  office  of  district  superintendent. 
The  district  superintendents  elected  in  nineteen  hundred  and 
eleven  shall  hold  office  until  the  first  day  of  August,  nineteen 
hundred  and  sixteen  The  full  term  of  office  of  a  district  super- 
intendent of  schools  elected  in  nineteen  hundred  and  sixteen  and 
thereafter  shall  be  five  years  and  shall  commence  on  the  first  day 
of  August  next  after  his  election.  A  district  superintendent  of 
schools  unless  removed  shall  hold  office  until  his  successor  is 
chosen  and  qualified. 

§  387.  Vacancies  in  the  office  of  district  superin- 
tendent. The  office  of  district  superintendent  of  schools  shall 
be  vacant  upon : 

1.  The  death  of  an  incumbent. 

2.  His  removal  from  office  by  the  commissioner  of  education. 

3.  His  removal  from  the  county. 

4.  His  filing  in  the  office  of  the  clerk  of  the  county  his  written 
resignation. 

5.  His  acceptance  of  the  office  of  supervisor,  town  clerk  or  trus- 
tee of  a  school  district. 


EDUCATION    LAW  87 

6.  His  failure  to  take  and  file  the  oath  of  office  as  provided 
in  this  article. 

§  388.  Filling  vacancy  in  the  office  of  district 
superintendent.  Whenever  a  vacancy  occurs  it  shall  be  filled 
for  the  remainder  of  the  unexpired  term  by  the  board  of  school 
directors.  Upon  direction  of  the  commissioner  of  education  the 
clerk  of  the  board  in  which  the  supervisory  district  having  such 
vacancy  is  located  shall  immediately  call  a  special  meeting  of  such 
board  for  the  purpose  of  electing  a  district  superintendent.  The 
provisions  of  this  title  relative  to  the  election  generally  of  a 
district  superintendent  of  schools,  including  notices,  filing  of  the 
proceedings  and  all  other  matters  relating  to  such  an  election,  shall 
apply  to  a  special  election  to  fill  a  vacancy  in  such  office. 

§  389.  Salary  of  district  superintendent.  1.  Each 
district  superintendent  shall  receive  an  annual  salary  from  the 
state  of  twelve  hundred  dollars,  payable  monthly  by  the  commis- 
sioner of  education  from  moneys  appropriated  therefor. 

2.  The  supervisors  of  the  towns  composing  any  supervisory  dis- 
trict may  by  adopting  a  resolution  by  a  majority  vote  increase 
the  salary  to  be  paid  by  such  district  to  its  district  superintendent. 
Such  supervisors  must  thereupon  file  with  the  clerk  of  the  board 
of  supervisors  a  certificate  showing  the  amount  of  such  increase. 
The  board  of  supervisors  of  each  county  shall  levy  such  amount 
annually  by  tax  on  the  towns  composing  such  supervisory  district 
within   the   county. 

§  390.  Expense  of  district  superintendents.  The 
commissioner  of  education  shall  quarterly  audit  and  allow  the 
actual  sworn  expense  incurred  by  each  district  superintendent  of 
schools  in  the  performance  of  his  official  duties,  but  the  amount 
of  such  expense  allowed  shall  not  exceed  in  any  year  three  hun- 
dred dollars.  Such  expenses  shall  be  paid  by  the  commissioner 
of  education  from  moneys  appropriated  therefor.. 

§  391.  Salary  of  district  superintendent  may  be 
ivithheld.  The  commissioner  of  education  may,  whenever 
he  is  satisfied  that  a  district  superintendent  of  schools  has  per- 
sistently neglected  to  perform  an  official  duty,  withhold  payment 
of  the  whole  or  any  part  of  such  superintendent's  salary  as  it  shall 
become  due  and  he  may  also  withhold  any  sum  to  which  such 
superintendent  shall  be  entitled  for  expenses  and  the  amount 
thus  withheld  shall  be  forfeited;  but  said  commissioner  may  in 
his  discretion  remit  such  forfeiture  in  whole  or  in  part. 


88  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

§  392.  Removal  of  district  superintendent  from 
o£S.ce.  The  commissioner  of  education  may,  by  an  order  under 
the  seal  of  the  education  department,  remove  a  district  superin- 
tendent of  schools  from  office  whenever  he  is  satisfied  that  such 
superintendent : 

1.  Has  been  guilty  of  immoral  conduct; 

2.  Is  incompetent  to  perform  any  official  duty;  or 

3.  Has  persistently  neglected  or  wilfully  refused  to  perform 
any  lawful  duty  imposed  upon  him. 

§  393.  District  superintendent  not  to  be  interested 
in  certain  business  or  to  accept  reivards,  et  cetera. 
A  district  superintendent  of  schools  shall  not: 

1.  Be  directly  or  indirectly  interested  otherwise  than  as  author 
in  the  sale,  publication,  or  manufacture  of  school  books,  maps, 
charts,  or  school  apparatus  or  in  the  sale  or  manufacture  of  school 
furniture  or  any  other  school  or  library  supplies. 

2.  Be  directly  or  indirectly  interested  in  any  contract  made 
by  the  trustees  of  a  school  district. 

3.  Be  directly  or  indirectly  interested  in  any  agency  or  bureau 
maintained  to  obtain  or  aid  in  obtaining  positions  for  teachers  or 
superintendents. 

4.  Directly  or  indirectly  receive  any  emolument,  gift,  pay,  re- 
ward or  promise  of  pay  or  reward  for  recommending  or  procuring 
the  sale,  use  or  adoption  or  aiding  in  procuring  the  sale,  use  or 
adoption  of  any  book,  map,  chart,  school  apparatus  or  furniture 
or  other  supplies  for  any  school  or  library  or  for  recommending  a 
teacher  or  aiding  a  teacher  in  obtaining  an  appointment  to  teach. 

§  394.  District  superintendents  not  to  engage  in 
other  business.  A  district  superintendent  of  schools  shall 
devote  his  whole  time  to  the  performance  of  the  duties  of  his 
office  and  shall  not  engage  in  any  other  occupation  or  profession. 
Such  time  as  shall  not  necessarily  be  devoted  by  a  district 
superintendent  of  schools  to  the  performance  of  the  clerical  and 
administrative  work  of  his  office  shall  be  devoted  to  the  visitation 
and  inspection  of  the  schools  maintained  in  his  supervisory 
district. 

§  395.  General  powers  and  duties  of  district 
superintendent.  A  district  superintendent  of  schools  shall 
have  power  and  it  shall  be  his  duty : 

1.  To  inquire  from  time  to  time  into  and  ascertain  whether  the 
boundaries  of  the  school  districts  within  his  supervisory  district 


educatiojN"  law  89 

are  definitely  and  plainly  described  in  the  records  of  the  office 
of  the  proper  town  clerk ;  and  in  case  the  record  of  the  boundaries 
of  any  school  district  shall  be  found  indefinite  or  defective,  or  if 
the  same  shall  be  in  dispute,  then  to  cause  the  same  to  be  amended 
or  an  amended  record  of  the  boundaries  to  be  made.  All  neces- 
sary expenses  incurred  in  establishing  such  amended  records  shall 
be  a  charge  on  the  district  or  districts  affected,  to  be  audited  and 
allowed  by  the  trustees  thereof,  on  the  certificate  of  the  district 
superintendent. 

2.  To  assemble  all  the  teachers  of  his  district  by  towns  or  other- 
wise on  days  other  than  legal  holidays  when  schools  are  not  in 
session,  for  the  purpose  of  conference  on  the  course  of  study,  for 
reports  of  and  advice  and  counsel  in  relation  to  discipline,  school 
management  and  other  school  work,  and  for  promoting  the  general 
good  of  all  the  schools  of  the  district. 

3.  To  frequently  and  thoroughly  inspect  the  work  done  in  the 
training  classes  maintained  in  his  district  and  to  report  to  the 
commissioner  of  education  on  the  efficiency  of  the  instruction 
given  and  the  observation  and  practice  work  done  by  the  members 
thereof. 

4.  To  hold  meetings  of  trustees  and  other  school  officers  and  to 
advise  with  and  counsel  them  in  relation  to  their  powers  and 
duties  and  particularly  in  relation  to  the  repair,  construction, 
heating,  ventilating  and  lighting  of  schoolhouses  and  improving 
and  adorning  the  school  grounds.  To  especially  advise  trustees 
relative  to  the  employment  of  teachers,  the  adoption  of  textbooks 
and  the  purchase  of  library  books,  school  apparatus,  furniture  and 
supplies. 

5.  To  direct  the  trustees  of  any  district  to  make  any  altera- 
tions or  repairs  to  the  schoolhouses  or  outbuildings  which  shall, 
in  his  opinion,  be  necessary  for  the  health  or  comfort  of  the 
pupils,  but  the  amount  which  trustees  shall  be  directed  to  expend 
in  such  alterations  or  repairs  shall  not  exceed  two  hundred  dollars 
in  any  one  year. 

6.  To  direct  the  trustees  of  any  district  to  make  any  repairs 
or  alterations  to  school  furniture,  or  where  in  his  opinion  any 
furniture  is  unfit  for  use  and  not  worth  repairing,  or  when  suf- 
ficient furniture  is  not  provided,  to  direct  that  such  new  furniture 
shall  be  provided  as  he  deems  necessary,  but  the  amount  thus 
directed  to  be  expended  shall  not  exceed  in  any  one  year  one  hun- 
dred dollars. 


90  NEW    YOKK    STATE    EDUCATION    DEPARTMENT 

7.  To  direct  the  trustees  of  any  district  to  abate  any  nuisance 
in  or  on  the  school  grounds. 

8.  To  condemn  a  schoolhouse  as  provided  elsewhere  in  this 
chapter. 

9.  To  examine  and  license  teachers  pursuant  to  the  provisions 
of  this  chapter.  He  shall  also  conduct  such  other  examinations 
as  the  commissioner  of  education  shall  direct. 

10.  To  examine  any  charge  affecting  the  moral  character  of 
any  teacher  residing  or  employed  within  his  district,  and  to  re- 
voke such  teacher's  certificate  as  elsewhere  provided  by  this 
chapter. 

11.  To  take  affidavits  and  administer  oaths  in  all  matters  per- 
taining to  the  public  school  system,  but  without  charge  or  fee. 

12.  To  take  and  report  to  the  commissioner  of  education  under 
the  direction  of  such  commissioner  testimony  in  a  case  on  appeal. 
In  such  a  case  or  in  any  matter  or  proceeding  to  be  heard  or  de- 
termined by  the  district  superintendent,  he  may  issue  a  subpoena 
to  compel  the  attendance  of  a  witness.  Service  of  such  subpoena 
shall  be  made  a  reasonable  time  before  the  date  named  therein  for 
the  hearing,  by  exhibiting  the  same  to  the  person  so  served,  with 
the  signature  of  the  district  superintendent  of  schools  attached, 
and  by  leaving  a  copy  thereof  with  such  person.  The  witness 
shall  be  entitled  to  receive  at  the  time  of  service,  the  same  fees  as 
provided  by  law  for  witnesses  in  a  court  of  record.  Disobedience 
to  such  subpoena  shall  subject  the  delinquent  to  a  penalty  of 
twenty-five  dollars,  which  shall  be  recovered  by  the  county  treas- 
urer in  his  name  of  office  for  the  benefit  of  the  county. 

13.  To  exercise  in  his  discretion  any  of  the  powers  and  per- 
form any  of  the  duties  of  another  district  superintendent  on  the 
written  request  of  such  other  superintendent,  and  he  must  exer- 
cise such  powers  and  perform  such  duties  when  directed  to  do  so 
by  the  commissioner  of  education.  . 

14.  To  make  such  investigations  and  to  make  such  reports  to 
the  commissioner  of  education  upon  any  matter  or  act  as  said 
commissioner  shall  from  time  to  time  request.  He  shall  make  an 
annual  report  on  the  first  day  of  September  in  such  form  and  giv- 
ing such  information  as  the  commissioner  of  education  shall  re- 
quire. For  this  purpose  he  shall  procure  the  reports  of  trustees 
of  school  districts  from  the  town  clerks'  offices  and  after  abstract- 
ing the  necessary  contents  thereof  shall  indorse  and  deposit  them 
with  a  copy  of  his  abstract  in   the   office  of  the  county  clerk. 


EDUCATIOIN'    LAW  91 

§  396.  District  superintendent  subject  to  the  rules 
of  commissioner  of  education.  A  district  superintendeut 
shall  be  subject  to  such  rules  and  directions  as  the  commissioner 
of  education  shall  from  time  to  time  prescribe. 

§  397.  Other  duties  of  a  district  superintendent. 
A  district  superintendent  of  schools  shall,  in  addition  to  the 
duties  especially  conferred  upon  him  by  this  title,  possess  and  be 
subject  to  all  the  powers,  duties  and  responsibilities  with  which 
a  school  commissioner  is  charged  by  law. 

§  398.  Appeals  from  acts  of  district  superintend- 
ent, et  cetera.  Appeals  from  the  official  acts  of  a  district 
superintendent  of  schools  or  from  his  refusal  or  failure  to  act  in 
any  matter  in  which  he  may  legally  act,  may  be  taken  to  the  com- 
missioner of  education.  All  questions  in  controversy  relating  to 
the  election  of  such  district  superintendent  or  to  the  formation 
of  supervisory  district  shall  be  determined  by  the  commissioner 
of  education  on  proper  appeal.  The  provisions  of  article  fourteen 
of  this  chapter  shall  apply  to  and  govern  such  appeals  and  de- 
cisions therein.* 

ARTICLE  15 

Assessment  and  Collection  of  Taxes 

Section  410.  Assessment  of  taxes. 

411.  Property  to  be  assessed. 

412.  Ascertainment  of  valuations. 

413.  Power  of  trustees  to  determine  values. 

414.  Equalization  within  joint  districts. 

415.  Assessment  of  vacant  land. 

416.  Persons  working  land  on  shares  and  vendees  in  pos- 

session liable  to  taxation. 

417.  Liability  of  property  of  certain  absentee  owners. 

418.  Certain  exemptions  from  tax  for  building  school- 

house. 

419.  Right  of  certain  tenants  to  charge  tax  to  landlord. 

420.  Requisites  and  authority  of  collector's  warrant. 

421.  Time  for  delivery  of  warrant  to  collector. 

422.  Jurisdiction  of  collector. 

423.  Renewals  of  warrants. 

*  L.  1910,  chap.  607,  §  2.  Sections  three  hundred  and  eighty-one  and  three 
hundred  and  eighty-two  of  this  article  hereby  amended  shall  take  effect  on 
the  first  day  of  July,  nineteen  hundred  and  ten.  Section  three  hundred  and 
eighty-three  of  such 'article  shall  take  effect  on  the  first  day  of  April,  nineteen 
hundred  and  eleven.  All  other  provisions  of  such  article  shall  take  effect 
on  the  first  day  of  January,  nineteen  hundred  and  twelve. 


92  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

Section  424.  Amendment  of  tax-lists. 
426.  Collector's  notice. 

426.  Collector's  fees. 

427.  ]J^otice  to  railroad  companies  of  assessment  and  tax. 

428.  Payment  of  tax   by  railroad   company   to   county 

treasurer. 

429.  Duty  of  collector  after  failure  of  railroad  company 

to  pay  within  thirty  days. 

430.  Payment  of  tax  by  county  treasurer  to  collector. 

431.  Railroad  company  may  pay  collector. 

432.  Trustees'  right  of  action  to  recover  tax. 

433.  Collector's  return  of  unpaid  taxes. 

434.  Certification  by  trustees  of  collector's  return. 

435.  Payment  of  unpaid  taxes  from  county  treasury. 

436.  Levy  by  supervisors  of  unpaid  taxes. 

437.  Payment  before  levy. 

438.  Proceedings  for  collection  same  as  of  county  taxes. 

439.  Filing  tax-list  and  warrant  with  town  clerk 

440.  Assessment   for    school    purposes    of    certain   state 

lands. 

§  410.  Assessment  of  taxes.  Immediately  after  a  tax 
shall  have  been  voted  by  a  district  meeting,  for  a  purpose  arising 
during  the  current  school  year  the  trustees  shall  assess  it,  and  make 
out  the  tax-list  therefor,  and  annex  thereto  their  warrant  for  its 
collection.  Where  a  tax  is  voted  at  an  annual  school  meeting  for 
school  purposes  during  the  following  school  year  the  said  trustees 
shall  prepare  their  tax-list  therefor  and  annex  thereto  their  warrant 
for  its  collection  within  thirty  days  after  August  first.  But  they 
may  at  the  same  time  assess  two  or  more  taxes  so  voted,  and  any 
taxes  they  are  authorized  to  raise  without  such  vote,  and  make  out 
one  tax-list  and  one  warrant  for  the  collection  of  the  whole.  They 
shall  prefix  to  their  tax-list  a  heading  showing  for  what  purpose 
the  different  items  of  the  tax  are  levied.  ^Amended  hy  L.  1911, 
ch.  830.] 

§  411.  Property  to  be  assessed.  1.  School  district  taxes 
shall  be  apportioned  by  the  trustees  upon  all  real  estate  within 
the  boundaries  of  the  district  which  shall  not  be  by  law  exempt 
from  taxation,  except  as  hereinafter  provided,  and  such  property 
shall  be  assessed  to  the  person  or  corporation  owning  or  possessing 
the  same  at  the  time  such  tax-list  shall  be  made  out. 

2.  The  trustees  shall  also  apportion  the  district  taxes  upon  all 
persons  residing  in  the  district,  and  upon  all  corporations  liable  to 


EDUCATIOI^    LAW  \         ^1%^,    V^ 

taxation  therein,  for  the  personal  estate  owned  by  them  and  In 
to  taxation. 

3.  Land  lying  in  one  body  and  occupied  by  the  same  person, 
either  as  owner  or  agent  for  the  same  principal,  or  as  tenant  under 
the  same  landlord,  if  assessed  as  one  lot  on  the  last  assessment-roll 
of  the  town  after  revision  by  the  assessors,  shall,  though  situated 
partly  in  two  or  more  school  districts,  be  taxable  in  that  one  of 
them  in  which  such  occupant  resides.  This  rule  shall  not  apply  to 
land  owned  by  non-residents  of  the  district,  and  which  shall  not  be 
occupied  by  an  agent,  servant  or  tenant  residing  in  the  district. 
Such  unoccupied  real  estate  shall  be  assessed  as  non-resident,  and 
a  description  thereof  shall  be  entered  in  the  tax-list. 

§  412.  Ascertainment  of  valuations.  The  valuations 
of  taxable  property  shall  be  ascertained,  so  far  as  possible,  from 
the  last  assessment-roll  of  the  town,  after  revision  by  the  assessors ; 
and  no  person  shall  be  entitled  to  any  reduction  in  the  valuation 
of  such  property,  as  so  ascertained,  unless  he  shall  give  notice  of 
his  claim  to  such  reduction  in  writing  to  the  trustees  of  the  dis- 
trict before  the  tax-list  shall  be  made  out. 

§  413.  Power  of  trustees  to  determine  values.  The 
trustees  of  a  district  shall  ascertain  the  true  value  of  the  property 
to  be  taxed  from  the  best  evidence  in  their  power,  giving  notice 
to  the  persons  interested,  and  proceeding  in  the  same  manner  as 
the  town  assessors  are  required  by  law  to  proceed  in  the  valuation 
of  taxable  property,  the  hearing  of  grievances,  and  the  revision  of 
the  town  assessment-roll  in  the  following  cases: 

1.  When  a  reduction  shall  be  duly  claimed  and  where  the  val- 
uation of  taxable  property  cannot  be  ascertained  from  the  last 
completed  assessment-roll  of  the  town ; 

2.  When  the  valuation  of  such  property  shall  have  increased  or 
diminished  since  the  last  assessment-roll  of  the  town  was  com- 
pleted ; 

3.  When  an  error,  mistake,  or  omission  on  the  part  of  the  town 
assessors  shall  have  been  made  in  the  description  or  valuation  of 
taxable  property. 

§  414.  Equalization  witliin  joint  districts.  When  a 
district  embraces  parts  of  two  or  more  tovnis,  the  supervisors  of 
such  tovnis  shall,  upon  receiving  a  written  notice  from  the  trustees 
of  such  district,  or  from  three  or  more  persons  liable  to  pay  taxes 
upon  real  estate  therein,  meet  at  a  time  and  place  to  be  named  in 
such  notice,  which  time  shall  not  be  less  than  five  or  more  than 


94  NEAV    YOKK    STATE    EDUCATION    DEPARTMENT 

ten  days  from  the  service  thereof,  and  a  place  within  the  bounds 
of  the  towns  so  in  part  embraced,  and  proceed  to  inquire  and  de- 
termine whether  the  valuation  of  real  property  upon  the  several 
assessment-rolls  of  said  towns  is  substantially  just  as  compared 
with  each  other. 

2.  If  it  is  ascertained  that  such  assessments  are  not  relatively 
equal  such  supervisor  shall  determine  the  relative  proportion  of 
taxes  that  ought  to  be  assessed  upon  the  real  property  of  the  parts 
of  such  district  lying  in  different  towns,  and  the  trustees  of  such 
district  shall  thereupon  assess  the  proportion  of  any  tax  thereafter 
to  be  raised,  according  to  the  determination  of  such  supervisors, 
until  new  assessment-rolls  of  the  town  shall  be  perfected  and  filed, 
using  the  assessment-rolls  of  the  se^'eral  towns  to  distribute  the 
said  proportion  among  the  persons  liable  to  be  assessed  for  the 
same. 

3.  If  such  supervisors  shall  be  unable  to  agree,  they  shall  sum- 
mon a  supervisor  from  some  adjoining  town  who  shall  meet  with 
them  and  unite  in  such  inquiry  and  the  finding  of  a  majority 
shall  be  the  determination  of  such  meeting. 

4.  Such  supervisors  shall  receive  for  their  services  three  dollars 
per  day  for  each  day  actually  employed  which  shall  be  a  town 
charge  upon  their  respective  towns. 

§  415.  Assessment  of  vacant  land.  When  any  real  es- 
tate within  a  district  so  liable  to  taxation  shall  not  be  occupied 
and  improved  by  the  owner,  his  servant  or  agent,  and  shall  not 
be  possessed  by  any  tenant,  the  trustees  of  any  district,  at  the 
time  of  making  out  any  tax-list  by  which  any  tax  shall  be 
imposed  thereon,  shall  make  and  insert  in  such  tax-list  a  statement 
and  description  of  every  such  lot,  piece  or  parcel  of  land  so  owned 
by  nonresidents  therein,  in  the  same  manner  as  required  by  law 
from  town  assessors  in  making  out  the  assessment-roll  of  their 
towns ;  and  if  any  such  lot  is  known  to  belong  to  an  incorporated 
company  liable  to  taxation  in  such  district,  the  name  of  such  com- 
pany shall  be  specified,  and  the  value  of  such  lot  or  piece  of  land 
shall  be  set  down  opposite  to  such  description,  which  value  shall  be 
the  same  that  was  afiixed  to  such  lot  or  piece  of  land  in  the  last 
assessment-roll  of  the  town;  and  if  the  same  was  not  separately 
valued  in  such  roll,  then  it  shall  be  valued  in  proportion  to  the 
valuation  which  was  affixed  in  the  said  assessment-roll  to  the  whole 
tract  of  which  such  lot  or  piece  shall  be  part. 


EDUCATION    LAW  95 

§  416.  Persons  -working  land  on  shares  and  vendees 
in  possession  liable  to  taxation.  Any  person  working 
land  under  a  contract  for  a  share  of  the  produce  of  such  land, 
shall  be  deemed  the  possessor,  so  far  as  to  render  him  liable 
to  taxation  therefor,  in  the  district  where  such  land  is  situate,  and 
any  person  in  possession  of  real  property  under  a  contract  for  the 
purchase  thereof  shall  be  liable  to  taxation  therefor  in  the  district 
where  such  real  property  is  situated. 

§  417.  Liability  of  property  of  certain  absentee 
oivners.  Every  person  owning  or  holding  any  real  property 
within  any  school  district,  who  shall  improve  and  occupy  the 
same  by  his  agent  or  servant,  shall,  in  respect  to  the  liability  of 
such  property  to  taxation,  be  considered  a  taxable  inhabitant  of 
such  district,  in  the  same  manner  as  if  he  actually  resided 
therein. 

§  418.  Certain  exemptions  from  tax  for  building 
scbool-bouse.  Every  taxable  inhabitant  of  a  district  who 
ihall  have  been,  within  four  years,  set  off  from  any  other  district, 
without  his  consent,  and  shall  within  that  period,  have  actually 
paid  in  such  other  district,  under  a  lawful  assessment  therein,  a 
district  tax  for  building  a  school-house,  shall  be  exempted  by  the 
trustees  of  the  district  where  he  shall  reside,  from  the  payment 
of  any  tax  for  building  a  school-house  therein. 

§  419.  Right  of  certain  tenants  to  charge  tax  to 
landlord.  Where  any  district  tax,  for  the  purpose  of  pur- 
chasing a  site  for  a  school-house,  or  for  purchasing  or  building, 
keeping  in  repair,  or  furnishing  such  school-house  with  necessary 
fuel  and  appurtenances,  shall  be  lawfully  assessed,  and  paid  by 
any  person  on  account  of  any  real  property  whereof  he  is  only  a 
tenant  at  will,  or  for  three  years,  or  for  a  less  period  of  time,  such 
tenant  may  charge  the  owner  of  such  real  estate  with  the  amount 
of  the  tax  so  paid  by  him,  unless  some  agreement  to  the  contrary 
shall  have  been  made  by  such  tenant. 

§  420.  Requisites  and  authority  of  collector's  war- 
rant. The  *warant  for  the  collection  of  a  district  tax  shall  be 
under  the  hands  of  the  trustees,  or  a  majority  of  them,  with  or 
without  their  seals ;  and  it  shall  have  the  like  force  and  effect  as  a 
warrant  issued  by  a  board  of  supervisors  to  a  collector  of  taxes  in 
the  town ;  and  the  collector  to  whom  it  may  be  delivered  for  col- 
lection shall  be  thereby  authorized  and  required  to  collect  from 

*  So  in  original. 


96  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

every  person  in  such  tax-list  named  the  sum  set  opposite  to  his 
name,  or  the  amount  due  from  any  person  specified  therein,  in 
the  same  manner  that  collectors  are  authorized  to  collect  town  and 
county  taxes. 

§  421.  Time  for  delivery  of  warrant  to  collector. 
1.  A  warrant  for  the  collection  of  a  tax  voted  by  the  district  shall 
not  be  delivered  to  the  collector  until  the  thirty-first  day  after  the 
tax  was  voted. 

2.  A  warrant  for  the  collection  of  a  tax  authorized  by  law  with- 
out a  vote  of  the  district  may  be  delivered  to  the  collector  when- 
ever the  same  is  completed. 

§  422.  Jurisdiction  of  collector.  Any  collector  to  whom 
any  tax-list  and  warrant  may  be  delivered  for  collection  may  exe- 
cute the  same  in  any  other  district  or  tQwn  in  the  same  county, 
or  in  any  other  county  where  the  district  is  a  joint  district  and 
composed  of  territory  from  adjoining  counties,  in  the  same  man- 
ner and  with  the  like  authority  as  in  the  district  in  which  the 
trustees  issuing  the  said  warrant  may  reside,  and  for  the  benefit 
of  which  said  tax  is  intended  to  be  collected;  and  the  bond  or 
sureties  of  any  collector,  given  for  the  faithful  performance  of 
his  official  duties,  are  hereby  declared  and  made  liable  for  any 
moneys  received  or  collected  on  any  such  tax-list  and  warrant. 

§  423.  Renewals  of  warrants.  If  the  sum  of  money, 
payable  by  any  person  named  in  such  tax-lists,  shall  not  be  paid 
by  him  or  collected  by  such  warrant  within  the  time  therein 
limited,  it  shall  be  lawful  for  the  trustees  to  renew  such  warrant 
in  respect  to  such  delinquent  person ;  and  whenever  more  than 
one  renewal  of  a  warrant  for  the  collection  of  any  tax-list  may 
become  necessary  in  any  district,  the  trustees  may  make  such 
further  renewal,  with  the  written  approval  of  the  supervisor  of 
any  town  in  which  a  school-house  of  said  district  may  be  located. 
to  be  indorsed  upon  such  warrant. 

§  424.  Amendment  of  tax-lists.  Whenever  the  trustees 
of  any  school  district  shall  discover  any  error  in  a  tax-list  made 
out  by  them,  they  may,  with  the  approval  and  consent  of  the 
commissioner  of  education,  after  refunding  any  amount  that  may 
have  been  improperly  collected  on  such  tax-list,  if  the  same  shall 
be  required  by  him,  amend  and  correct  such  tax-list,  as  directed 
by  the  commissioner,  in  conformity  to  law. 

§425.  Collector's  notice.  1.  The  collector,  on  the  receipt 
of  a  warrant  for  the  collection  of  taxes,  shall  give  notice  to  the 


EDUCATIOJT    LAW  97 

taxpayers  of  the  district  by  publicly  posting  written  or  printed, 
or  partly  written  and  partly  printed,  notices  in  at  least  three  pub- 
lic places  in  such  district,  one  of  which  shall  be  on  the  outside  of 
the  front  door  of  the  school-house,  stating  that  he  has  received 
such  warrant  and  will  receive  all  such  taxes  as  may  be  voluntarily 
paid  to  him  within  thirty  days  from  the  time  of  posting  said 
notice. 

2.  Such  collector  shall  also  give  a  like  notice,  either  personally 
or  by  mail,  at  least  twenty  days  previous  to  the  expiration  of  the 
thirty  days  aforesaid,  to  the  president,  secretary,  general  or  di- 
vision superintendent,  or  manager  of  any  canal  or  pipe  line, 
assessed  for  taxes  upon  the  tax-list  delivered  to  him  with  the 
aforesaid  warrant. 

3.  Such  collector  shall  also  give  a  like  notice  to  all  nonresident 
taxpayers  on  said  list  whose  tax  amounts  to  one  dollar  or  more  and 
whose  residence  or  post-office  address  may  be  known  to  such  col- 
lector, or  may  be  ascertained  by  him  upon  inquiry  of  the  trustees 
and  clerk  of  his  district. 

4.  'No  school  collector  shall  be  entitled  to  recover  from  any  rail- 
road corporation,  canal  company  or  pipe  line,  or  nonresident  tax- 
payer more  than  one  per  centum  fees  on  the  taxes  assessed  against 
such  corporation  or  nonresident,  unless  such  notice  shall  have  been 
given  as  aforesaid ;  and  in  case  the  whole  amount  of  taxes  shall  not 
be  so  paid  in,  the  collector  shall  forthwith  proceed  to  collect  the 
same. 

§  426.  Collector's  fees.  The  collector  shall  receive  for 
his  services  on  all  sums  paid  in  as  aforesaid,  one  per  centum,  and 
upon  all  sums  collected  by  him,  after  the  expiration  of  the  time 
mentioned,  five  per  centum,  except  as  hereinbefore  provided;  and 
in  case  a  levy  and  sale  shall  be  necessarily  made  by  such  col- 
lector, he  shall  be  entitled  to  traveling  fees,  at  the  rate  of  ten 
cents  per  mile,  to  be  computed  from  the  school-house  in  such  dis- 
trict. 

§  427.  Notice  to  railroad  companies  of  as»essin^nt 
and  tax.  1.  It  shall  be  the  duty  of  the  school  collector  in  each 
school  district  in  this  state,  within  five  days  after  the  receipt  by 
such  collector  of  any  and  every  tax  or  assessment  roll  of  his  dis- 
trict, to  prepare  and  deliver  to  the  county  treasurer  of  the  county 
in  which  such  district,  or  the  greater  part  thereof,  is  situated,  a 
statement  showing  the  name  of  each  railroad  company,  appearing 
4 


98  NEW    YORK    STATE    EDUCATIOJN^    DEPARTMENT 

in  said  roll,  the  assessment  against  each  of  said  companies  for 
real  and  personal  property  respectively,  and  the  tax  against  each 
of  said  companies. 

2.  It  shall  thereupon  be  the  duty  of  such  county  treasurer,  im- 
mediately after  the  receipt  by  him  of  such  statement  from  such 
school  collector,  to  notify  the  ticket  agent  of  any  such  railroad 
company  assessed  for  taxes  at  the  station  nearest  to  the  office  of 
such  county  treasurer,  personally  or  by  mail,  of  the  fact  that  such 
statement  has  been  filed  with  him  by  such  collector,  at  the  same 
time  specifying  the  amount  of  tax  to  be  paid  by  such  railroad 
company. 

§  428.  Payment  of  tax  by  railroad  company  to 
county  treasurer.  Any  railroad  company  heretofore  organ- 
ized, or  which  may  hereafter  be  organized,  under  the  laws  of  this 
state,  may  within  thirty  days  after  the  receipt  of  such  statement 
by  such  county  treasurer,  pay  the  amount  of  tax  so  levied  or  as- 
sessed against  it  in  such  district  and  in  such  statement  mentioned 
and  contained  with  one  per  centum  fees  thereon,  to  such  county 
treasurer,  who  is  hereby  authorized  and  directed  to  receive  such 
amount  and  to  give  proper  receipt  therefor. 

§  429.  Duty  of  collector  after  failure  of  railroad 
company  to  pay  ivithin  thirty  days.  In  case  any  rail- 
road company  shall  fail  to  pay  such  tax  within  said  thirty  days,  it 
shall  be  the  duty  of  such  county  treasurer  to  notify  the  collector 
of  the  school  district  in  which  such  delinquent  railroad  company 
is  assessed,  of  its  failure  to  pay  said  tax,  and  upon  receipt  of  such 
notice  it  shall  be  the  duty  of  such  collector  to  collect  such  unpaid 
tax  in  the  manner  now  provided  by  law  together  with  five  per 
centum  fees  thereon;  but  no  school  collector  shall  collect  by  dis- 
tress and  sale  any  tax  levied  or  assessed  in  his  district  upon  the 
property  of  any  railroad  company  until  the  receipt  by  him  of  such 
notice  from  the  county  treasurer. 

§  430.  Payment  of  tax  by  county  treasurer  to  col- 
lector. The  several  amounts  of  tax  received  by  any  county 
treasurer  in  this  state,  under  the  provision^  of  the  last  three 
sections,  of  and  from  railroad  companies,  shall  be  by  such  countv 
treasurer  placed  to  the  credit  of  the  school  district  for  or  on  ac- 
count of  which  the  same  was  levied  or  assessed,  and  on  demand 
paid  over  to  the  school  collector  thereof,  and  the  one  per  centum 
fees  received  therewith  shall  be  placed  to  the  credit  of,  and  on 
demand  paid  to,  the  school  collector  of  such  school  district. 


EDUCATIQ]^    LAW  99 

§  431.  Railroad  company  may  pay  collector.  Noth- 
ing in  the  last  four  sections  contained  shall  be  construed  to  hinder, 
prevent  or  prohibit  any  railroad  company  from  paying  its  school 
tax  to  the  school  collector  direct,  as  provided  by  law. 

§  432.  Trustees'  right  of  action  to  recover  tax. 
Whenever  any  sum  of  money  payable  by  any  person  named  in 
such  tax-list,  shall  not  be  paid  by  such  person,  or  collected  by  such 
warrant  within  the  time  therein  limited,  or  the  time  limited  by 
any  renewal  of  such  warrant;  or  in  case  the  property  assessed 
be  real  estate  belonging  to  an  incorporated  company,  and  no  goods 
or  chattels  can  be  found  whereon  to  levy  the  tax,  the  trustees  may 
sue  for  and  recover  the  same  in  their  name  of  office. 

§  433.  Collector's  return  of  unpaid  taxes.  If  any 
tax  on  real  estate  placed  upon  the  tax-list  and  duly  delivered 
to  the  collector,  or  the  taxes  upon  nonresident  stockholders  in 
banking  associations  organized  under  the  laws  of  congress,  shall 
be  unpaid  at  the  time  the  collector  is  required  by  law  to  return 
his  warrant,  he  shall  deliver  to  the  trustees  of  the  district  an 
account  of  the  taxes  remaining  due,  containing  a  description  of 
the  lands  upon  which  such  taxes  were  unpaid  as  the  same  were 
placed  upon  the  tax-list,  together  with  the  amount  of  the  tax  so 
assessed,  and  upon  making  oath  before  any  justice  of  the  peace 
or  judge  of  a  court  of  record,  notary  public  or  any  other  officer 
authorized  to  administer  oaths,  that  the  taxes  mentioned  in  any 
such  account  remain  unpaid,  and  that,  after  diligent  efforts,  he 
has  been  unable  to  collect  the  same,  he  shall  be  credited  by  said 
trustees  with  the  amount  thereof. 

§  434.  Certification  by  trustees  of  collector's  re- 
turn. Upon  receiving  any  such  account  from  the  collector, 
the  trustees  shall  compare  it  with  the  original  tax-list,  and  if  they 
find  it  to  be  a  true  transcript  they  shall  add  to  such  account  their 
certificate  to  the  effect  that  they  have  compared  it  with  the 
original  tax-list  and  found  it  to  be  correct,  and  shall  immediately 
transmit  the  account,  affidavit  and  certificate  to  the  treasurer  of 
the  county. 

§  435.  Payment  of  unpaid  taxes  from  county 
treasury.  Out  of  any  moneys  in  the  county  treasury,  raised 
for  contingent  expenses,  or  for  the  purpose  of  paying  the  amount 
of  the  taxes  &o  returned  unpaid,  the  treasurer  shall  pay  to  the 
district  treasurer,  if  there  be  such  an  officer,  otherwise  to  the  col- 
lector, the  amount  of  the  taxes  so  returned  as  unpaid,  and  if  there 


100  NEW    YOEK    STATE    EDUCATIOIS'    DEPARTMENT 

are  no  moneys  in  the  treasury  applicable  to  snch  purpose,  the 
board  of  supervisors,  at  the  time  of  levying  said  unpaid  taxes,  as 
provided  in  the  next  section,  shall  pay  to  the  district  treasurer, 
if  there  be  such  an  officer,  otherwise  to  the  collector  of  the  school 
district  the  amount  thereof,  by  voucher  or  draft  on  the  county 
treasurer,  in  the  same  manner  as  other  county  charges  are  paid, 
and  the  collector  shall  be  again  charged  therewith  by  the  trustees. 
{Thus  amended  by  L.  1910,  ch.  284,  in  effect  May  13,  1910.) 

§  436.  Levy  by  supervisors  of  unpaid  taxes.  Such 
account,  affidavit  and  certificate  shall  be  laid  by  the  county  treas- 
urer before  the  board  of  supervisors  of  the  county,  who  shall  cause 
the  amount  of  such  unpaid  taxes,  with  seven  per  centum  of 
the  amount  in  addition  thereto,  to  be  levied  upon  the  lands  upon 
which  the  same  were  imposed;  and  if  imposed  upon  the  lands  of 
any  incorporated  company,  then  upon  such  company;  and  when 
collected  the  same  shall  be  returned  to  the  county  treasurer  to  re- 
imburse the  amount  so  advanced,  with  the  expenses  of  collection. 

§  437.  Payment  before  levy.  Any  person  whose  lands 
are  included  in  any  such  account  may  pay  the  tax  assessed 
thereon,  with  five  per  centum  added  thereto,  to  the  county  treas- 
urer, at  any  time  before  the  board  of  supervisors  shall  have  di- 
rected the  same  to  be  levied. 

§  438.  Proceedings  for  collection  same  as  of  county 
taxes.  The  same  proceedings  in  all  respects  shall  be  had  for 
the  collection  of  the  amount  so  directed  to  be  raised  by  the 
board  of  supervisors  as  are  provided  by  law  in  relation  to  the 
county  taxes ;  and,  upon  a  similar  account,  as  in  the  case  of  county 
taxes  of  the  arrears  thereof  uncollected,  being  transmitted  by  the 
county  treasurer  to  the  comptroller,  the  same  shall  be  paid  on 
Ms  warrant  to  the  treasurer  of  the  county  advancing  the  same ; 
•and  the  amount  so  assumed  by  the  state  shall  be  collected  for  its 
benefit,  in  the  manner  prescribed  by  law  in  respect  to  the  arrears 
of  county  taxes  upon  land  of  nonresidents;  or  if  any  part  of 
the  amount  so  assumed  consisted  of  a  tax  upon  any  incorporated 
company,  the  same  proceedinsrs  may  also  be  had  for  the  collec- 
tion thereof  as  provided  by  law  in  respect  to  the  county  taxes 
assessed  upon  such  company. 

§  439.  Filing  tax-list  and  warrant  witb  town  clerk. 
Within  fifteen  days  after  any  tax-list  and  warrant  shall  have 
been  returned  by  a  collector  to  the  trustees  of  any  school  district, 
the  trustees  shall  deliver  the  same  to  the  town  clerk  of  the  town 


EDUCATIOiq'   laV 


v;  /> ;  ^^:r:;;^>,^;;?)i 


in  whicli  the  collector  resides,  and  said  town  clerk  -shall  file  the 
same  in  Ms  office. 

§  440.  Assessment  for  school  purposes  of  certain 
state  lands.  1.  The  board  of  education  of  union  free  school 
district  number  one,  town  of  Dannemora,  in  the  county  of  Clinton, 
shall  hereafter  assess  the  property  owned  by  the  state  and  situate 
within  the  boundaries  of  said  district,  exclusive  of  the  improve- 
ments erected  thereon  by  the  state  at  the  same  valuation  as  other 
lands  in  said  district  are  assessed,  and  the  comptroller  shall  here- 
after pay  to  the  school  authorities  of  such  district  the  amount  of 
taxes  levied  upon  the  land  of  the  state  for  school  purposes  in  such 
district  by  virtue  of  this  section,  out  of  any  moneys  hereafter 
appropriated  by  the  legislature  for  the  payment  of  assessments  for 
local  improvements  on  property  owned  by  the  state. 

2.  The  local  school  authorities  of  union  free  school  district  num- 
ber two  of  the  town  of  Wawarsing,  Ulster  county,  districts  numbers 
six  and  eight  of  the  town  of  Dover,  Dutchess  county,  and  of  school 
districts  in  the  county  of  Rockland  shall  hereafter  assess  the  lands 
owned  by  the  state  of  'New  York  and  situate  within  the  boundaries 
of  said  districts,  exclusive  of  the  improvements,  if  any,  erected 
thereon  by  the  state,  at  the  same  valuation  as  similar  lands  of 
individuals  in  said  districts  are  assessed  and  the  comptroller  shall 
hereafter  credit  to  the  treasurer  of  the  county  wherein  such  lands 
are  situated  the  amount  of  taxes  levied  upon  the  lands  of  the  state 
therein  for  school  purposes  from  taxes  payable  by  said  county 
treasurer  each  year  to  the  state  for  state  taxes  levied  and  assessed 
upon  the  taxable  property  of  the  towns  in  which  such  districts  are 
located  and  upon  the  adjustment  of  such  taxes  so  made,  the  said 
county  treasurer  shall  pay  to  the  collector  of  taxes  of  the  school 
districts  in  which  such  lands  are  situated  the  amount  of  such  taxes 
as  allowed  and  so  paid  by  the  state.  [Amended  hy  L.  1911,  ch. 
593.] 

3.  After  a  tax  has  been  voted  by  a  district  meeting  in  a  district 
specified  in  the  preceding  subdivision,  in  which  there  is  land 
ov^ied  by  the  state  and  the  trustees  have  made  the  assessment  and 
their  tax-list  therefor,  such  trustees  shall  immediately  file  in  the 
office  of  the  comptroller  a  duly  verified  copy  of  such  tax  list,  which 
in  addition  to  the  other  matters  now  required  by  law  shall  state 
which  are  lands  belonging  to  the  state.  The  comptroller  shall 
within  thirty  days  after  the  receipt  of  such  list  and  after  hearing 
the  trustees,  if  they  or  any  of  them  so  desire,  correct  or  reduce  any 


l^r|/i  %i|f|jY^  3fO|t?>,ST4TE    EDUCATION    DEPARTMENT 

assessment  of  state  lands  which  may  be  in  his  judgment  an  unfair 
proportion  to  the  remaining  assessment  of  land  within  the  dis- 
trict, and  shall  in  other  respects  approve  the  assessment  and  com- 
municate such  approval  to  the  trustees.  No  such  assessment  of 
state  lands  shall  be  valid  for  any  purpose  until  the  amount  of  tbe 
assessment  is  approved  by  the  comptroller. 

ARTICLE  16 
School  Building's  and  Sites 

Section  450.  No  school-house  shall  be  built  on  town  line. 

451.  Plans  and  specifications  of  *new  school  buildings 

must  be  approved  by  commissioner  of  education. 

452.  Halls,  doors,  stairways,  staircases,  etc. 

453.  Fire  escapes. 

454.  Use    of    school    buildings    for    examinations    and 

institutes. 

455.  Use  of  school-house  out  of  school  hours. 

456.  Condemnation  of  school-house  and  erection  of  new 

school-house  in  place  thereof. 

457.  Provision  for  outbuildings. 

458.  When  board  of  education  may  designate  site  without 

vote  of  district. 

459.  Change  of  site. 

460.  Site,  how  designated. 

461.  Sale  of  former  school-house  or  site. 

462.  Application  of  proceeds  of  sale. 

463.  Acquisition  of  real  property. 

464.  When  owner's  consent  necessary. 

465.  Vesting  of  title  of  lands  in  certain  cases. 

466.  Application  to  certain  districts. 

467.  School  taxes  and  school  bonds. 

§  450.  No  school-liouse  shall  be  built  on  toivn  line. 

No  school-house  shall  be  built  so  as  to  stand  on  the  division  line 
of  any  two  towns. 

§  451.    Plans  and  specifications  of  school  buildings 
must  be  approved  by  commissioner  of  education.     1. 

No  school-house  shall  hereafter  be  erected,  repaired,  enlarged  or 
remodeled  in  a  city  of  the  third  class  or  in  a  school  district,  at  an 

*  So  in  original. 


EDUCATIOISr    LAW  103 

expense  which  shall  exceed  five  hundred  dollars,  until  the  plans 
and  specifications  thereof  shall  have  been  submitted  to  the  com- 
missioner of  education  and  his  approval  indorsed  thereon.  Such 
plans  and  specifications  shall  show  in  detail  the  ventilation,  heat- 
ing and  lighting  of  such  buildings. 

2.  The  commissioner  of  education  shall  not  approve  the  plans 
for  the  erection  of  any  school  building  or  addition  thereto  or 
remodeling  thereof  unless  the  same  shall  provide 

a.  At  least  fifteen  square  feet  of  floor  space  and  two  hundred 
cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each 
study  or  recitation  room  therein. 

b.  For  assuring  at  least  thirty  cubic  feet  of  pure  air  every 
minute  per  pupil,  and 

c.  The  facilities  for  exhausting  the  foul  or  vitiated  air  therein 
shall  be  positive  and  independent  of  atmospheric  changes. 

3.  ^o  tax  voted  by  a  district  meeting  or  other  competent 
authority  in  any  such  city,  or  school  district  exceeding  the  sum 
of  five  hundred  dollars,  shall  be  levied  by  the  trustees  until  the 
commissioner  of  education  shall  certify  that  the  plans  and  speci- 
fications for  the  same  comply  with  the  provisions  of  this  section. 

§  452.  Halls,  doors,  stairivays,  staircases,  etc.  1. 
All  school -houses  for  which  plans  and  detailed  statements  shall 
be  filed  and  approved,  as  required  by  the  preceding  section  shall 
have  all  halls,  doors,  stairways,  seats,  passage-ways  and  aisles  and 
all  lighting  and  heating  appliances  and  apparatus  arranged  to 
facilitate  egress  and  afford  adequate  protection  in  cases  of  fire  or 
accident. 

2.  All  exit  doors  shall  open  outwardly,  and  shall,  if  double 
doors  be  used,  be  fastened  with  movable  bolts  operated  simul- 
taneously by  one  handle  from  the  inner  face  of  the  door. 

3.  ^o  staircase  shall  be  constructed  with  winder  steps  in  lieu 
of  a  platform  but  shall  be  constructed  with  straight  runs,  changes 
in  direction  being  made  by  platforms.  Ko  door  shall  open  im- 
mediately upon  a  flight  of  stairs,  but  a  landing  at  least  the 
width  of  the  door  shall  be  provided  between  such  stairs  and  such 
doorway. 

§  453.  Fire  escapes.  1.  All  school  buildings  in  the  state, 
except  in  the  city  of  N^ew  York,  which  are  more  than  two  stories 
high,  shall  have  properly  constructed  stairways  on  the  outside 
thereof,  with  suitable  doorways  leading  thereto,  from  each  story 
above  the  first,  for  use  in  case  of  fire.     Such  stairways  shall  be 


104  N:EW    YORK    STATE    EDUCATION    DEPARTMENT 

kept  in  good  order  and  free  from  obstruction,  and  shall  not  be 
bolted  or  locked  during  school  hours. 

2.  It  shall  be  the  duty  of  the  trustee  or  board  of  education 
having  charge  of  said  school  buildings  to  cause  such  stairways  to 
be  constructed  and  maintained,  and  the  reasonable  and  proper 
cost  thereof  shall  in  each  case  be  a  legal  charge  upon  the  district 
or  city,  and  shall  be  raised  by  tax,  as  other  moneys  are  raised 
for  school  purposes. 

§  454.  Use  of  school  buildings  for  examinations 
and  institutes.  1.  The  use  of  a  school  building  shall  be 
granted  for  any  examination  or  teachers  institute  appointed  by 
the  commissioner  of  education  upon  the  request  of  the  school  com- 
missioner in  whose  school  commissioner  district  or  the  superin- 
tendent of  the  city  in  which  such  building  is  located  or  upon  the 
direction  or  order  of  such  commissioner  of  education. 

2.  Ko  charge  shall  be  made  therefor  except  when  such  building 
is  used  for  a  teachers  institute,  in  which  case  a  reasonable  allow- 
ance may  be  made  to  said  district  or  city  for  lighting,  heating 
and  janitor  service,  provided  always  that  due  and  proper  care 
shall  be  maintained  and  the  school  building  be  left  in  such  con- 
dition as  found  in  relation  to  cleanliness  and  neatness. 

§  455.  Use  of  school-house  out  of  school  hours.  The 
trustees  may  permit  the  school-house,  when  not  in  use  for  the  dis- 
trict school,  to  be  used  by  persons  assembling  therein  for  the  pur- 
pose of  giving  and  receiving  instruction  in  any  branch  of 
education  or  learning,  or  In  the  science  or  practice  of  music. 

§  456.  Condemnation  of  school-house  and  erection 
of  new  school-house  in  place  thereof.  1.  A  school  com- 
missioner may  make  an  order  condemning  a  school-house,  if  he 
finds  upon  examination  that  such  school-house  is  wholly  unfit  for 
use  and  not  worth  repairing.  He  shall  deliver  such  order  to  a 
trustee  of  the  district  and  transmit  a  copy  thereof  to  the  commis- 
sioner of  education.  He  shall  also  state  in  such  order  the  date 
on  which  it  shall  take  effect  and  the  sum  which  in  his  opinion 
will  be  necessary  to  erect  a  school  building  suitable  to  the  needs 
of  the  district. 

2.  Immediately  upon  the  receipt  of  said  order,  the  trustees  of 
such  district  shall  call  a  special  meeting  of  the  voters  of  said 
district,  to  consider  the  question  of  building  a  new  school-house 
therein.  Such  meeting  shall  have  power  to  determine  the  size  of 
said  school-house,  the  material  to  be  used  in  its  erection,  and  to 


EDUCATION    LAW  105 

vote  a  tax  to  build  the  same.  But  such  meeting  shall  have  no 
power  to  reduce  the  estimate  made  by  the  commissioner  aforesaid 
by  more  than  twenty-five  per  centum  of  such  estimate. 

3.  And  where  no  tax  for  building  such  school-house  shall  have 
been  voted  by  such  district  within  thirty  days  from  the  time  of 
holdino-  the  first  meeting  to  consider  the  question,  it  shall  be  the 
duty  of  the  trustees  of  such  district  to  contract  for  the  building 
of  a  school-house  capable  of  accommodating  the  children  of  the 
district,  and  to  levy  a  tax  to  pay  for  the  same,  which  tax  shall 
not  exceed  the  sum  estimated  as  necessary  by  the  commissioner 
aforesaid,  and  which  shall  not  be  less  than  such  estimated  sum 
by  more  than  twenty-five  per  centum  thereof.  But  such  estimated 
«nm  may  be  increased  at  any  subsequent  school  meeting  legally 
held  in  the  district. 

§  457.  Provision  for  outbuildings.  1.  The  trustees  in 
the  several  school  districts  shall  provide  at  least  two  suitable  and 
convenient  water-closets  or  privies  for  each  of  the  schools  under 
their  charge,  which  shall  be  entirely  separated  each  from  the 
other,  and  have  separate  means  of  access,  and  approaches  thereto 
separated  by  a  substantial  close  fence  not  less  than  seven  feet  in 
height.  It  shall  also  be  the  duty  of  trustees  to  keep  such  out 
buildings  in  a  clean  and  wholesome  condition. 

2.  The  board  of  education  of  each  union  free  school  district 
and  of  a  city  shall  provide  and  maintain  at  least  two  suitable 
and  convenient  water-closets  or  privies  for  each  of  the  schools 
under  their  charge,  and  in  conformity  with  the  provisions  of 
this  section. 

3.  Any  expense  incurred  by  the  trustees  of  a  common  school 
district  in  carrying  out  the  requirements  of  this  section  shall  be 
a  charge  upon  the  district,  when  such  expense  shall  have  been 
authorized  by  the  school  commissioner  within  whose  district  the 
school  house  is  located,  and  a  tax  may  be  levied  therefor  without 
a  vote  of  the  school  district.  Any  expense  incurred  by  the  board 
of  education  in  carrying  out  the  foregoing  provisions  shall  be  a 
charge  upon  the  district  or  city  and  payable  out  of  any  of  the 
contingent  funds  thereof;  and  a  tax  may  be  levied  therefor  with- 
out a  vote  of  the  district. 

4.  A  failure  on  the  part  of  the  trustees  or  a  board  of  education 
to  comply  with  the  provisions  of  this  section  shall  be  sufficient 
grounds  for  their  removal  from  office  and  for  withholding  from 
the  district  or  city  its  share  of  the  public  moneys  of  the  state. 


106  IsEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  458.  Wlien  board  of  education  may  designate 
site  without  vote  of  district.  A  board  of  education  in  a 
union  free  school  containing  a  population  of  five  thousand  or 
more  may,  without  a  vote  of  the  qualified  voters  of  said  district, 
designate  sites  or  additions  thereto  for  school-houses. 

§  459.  Change  of  site.  ^N^o  site  of  a  school-house  shall  be 
changed  unless  a  majority  of  the  legal  voters  present  and  voting 
at  a  district  meeting  shall  adopt  a  resolution  designating  a  new 
site  and  describing  such  site  by  metes  and  bounds.  Such  resolu- 
tion shall  be  adopted  either  by  ballot  or  taking  and  recording 
the  ayes  and  noes. 

§  460.  Site,  how  designated.  The  desigTiation  of  a  site 
by  any  school  district  meeting  shall  be  by  written  resolution  con- 
taining a  description  thereof  by  metes  and  bounds,  and  such  reso- 
lution must  receive  the  assent  of  a  majority  of  the  qualified  voters 
present  and  voting  at  said  meeting,  to  be  ascertained  by  taking 
and  recording  the  ayes  and  noes,  or  by  ballot. 

§  461.  Sale  of  former  school-house  or  site.  1.  When- 
ever the  site  of  a  school-house  shall  have  been  changed,  as  herein 
provided,  the  inhabitants  of  a  district  entitled  to  vote,  lawfully 
assembled  at  any  district  meeting,  shall  have  power,  by  a  majority 
of  the  votes  of  those  present,  to  direct  the  sale  of  the  former 
site  or  lot,  and  the  buildings  thereon  and  appurtenances  or  any 
part  thereof,  at  such  price  and  upon  such  terms  as  they  shall 
deem  proper;  and  any  deed  duly  executed  by  the  trustees  of  such 
district,  or  a  majority  of  them,  in  pursuance  of  such  direction, 
shall  be  valid  and  effectual  to  pass  all  the  estate  or  interest  of 
such  school  district  in  the  premises. 

2.  When  a  credit  shall  be  directed  to  be  given  upon  such  sale 
for  the  consideration  money,  or  any  part  thereof,  the  trustees  are 
hereby  authorized  to  take  in  their  corporate  name  such  security 
by  bond  and  mortgage,  or  otherwise,  for  the  payment  thereof,  as 
they  shall  deem  best,  and  shall  hold  the  same  as  a  corporation, 
and  account  therefor  to  their  successors  in  office  and  to  the  district, 
in  the  manner  they  are  now  required  by  law  to  account  for 
moneys  received  by  them;  and  the  trustees  of  any  such  district 
and  their  successors  may,  in  their  name  of  office,  sue  for  and 
recover  the  moneys  due  and  unpaid  upon  any  security  so  taken 
by  them  or  their  predecessors. 

§  462.  Application  of  proceeds  of  sale.  All  moneys 
arising  from  any  sale  made  in  pursuance  of  the  last  preceding 


EDUCATION    LAW  107 

section,  shall  bo  applied  to  the  expenses  incurred  in  procuring  a 
new  site,  and  in  removing  or  erecting  thereon  a  school-house,  and 
improving  and  furnishing  such  site  and  house,  and  their  appur- 
tenances, so  far  as  such  application  shall  be  necessary;  and  the 
surplus,  if  any,  shall  be  devoted  to  the  purchase  of  school  ap- 
paratus and  the  support  of  the  school,  as  the  voters  of  the  district 
at  any  meeting  shall  direct. 

§  463.  Acquisition  of  real  property.  Keal  property 
may  be  acquired  for  school  purposes  in  any  school  district  and  in 
any  city  except  a  city  of  the  first  or  second  class  as  follows: 

1.  By  gift,  grant,  devise  or  purchase. 

2.  By  condemnation,  if  an  agreement  cannot  be  made  with  the 
owner  for  the  purchase  thereof.  Such  proceedings  shall  be  insti- 
tuted and  conducted  by  the  trustee  or  board  of  education,  in  the 
name  of  the  district  under  the  provisions  of  the  condemnation  law. 

3.  This  section  does  not  permit  the  acquisition  by  condemna- 
tion of  less  than  the  whole  of  a  city  or  village  lot  with  the  erec- 
tions and  improvements  thereon. 

§  464.  When  owner's  consent  necessary.  The  fol- 
lowing property  cannot  be  acquired  without  the  consent  of  the 
owner : 

1.  A  homestead  occupied  as  such  by  the  owner,  except  such 
portion  thereof  as  may  appear  to  the  court  to  be  unnecessary  for 
the  reasonable  use  and  enjoyment  of  the  homestead. 

2.  A  garden,  orchard  or  any  part  thereof,  not  within  a  city, 
which  has  existed  for  a  period  of  one  year  prior  to  the  beginning 
of  the  condemnation  proceedings. 

3.  A  yard  or  inclosure,  or  any  part  thereof,  necessary  to  the 
use  or  enjoyment  of  buildings. 

4.  Fixtures  or  erections  for  the  purpose  of  trade  or  manufac- 
ture, which  have  existed  for  a  period  of  one  year  prior  to  the  be- 
ginning of  the  condemnation  proceedings.  [Amended  hy  L.  1911, 
ch.  782.] 

§  465.  Vesting  of  title  of  lands  in  certain  cases. 
Boards  of  education  in  cities  of  the  third  class  are  hereby  clothed 
with  all  the  powers  of  trustees,  and  the  title  to  any  and  all  lands 
acquired  in  any  city  under  the  provisions  of  section  four  hundred 
and  sixty-three  of  this  chapter  shall  vest  in  the  board  of  educa- 
tion thereof,  or  such  other  corporate  body  as  is  by  law  vested 
with  the  title  to  the  school  lands  in  such  city.     But  nothing  herein 


108  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

contained  shall  be  construed  to  limit  or  circumscribe  the  powers 
and  duties  heretofore  lodged  in  such  board  of  education  by  law. 

§  466.  Application  to  certain  districts.  The  pro- 
vision of  section  four  hundred  and  sixty-three  of  this  article 
shall  apply  to  union  free  school  districts  and  to  districts  organized 
under  special  laws;  and  the  trustees  of  such  districts  and  the 
boards  of  education  organized  under  special  laws  shall  be  and 
are  hereby  clothed  with  all  the  powers  vested  in  trustees  in  the 
three  preceding  sections. 

§  467.  School  taxes  and  school  bonds.  1.  A  majority 
of  the  voters  of  any  school  district,  present  at  any  annual  or 
special  district  meeting,  duly  convened,  may  authorize  such 
acts  and  vote  such  taxes  as  they  shall  deem  expedient  for  making 
additions,  alterations,  repairs  or  improvements  to  the  sites  or 
buildings  belonging  to  the  district,  or  for  the  purchase  of  other 
sites  or  buildings  or  for  a  change  of  sites  or  for  the  erection  of 
new  buildings,  or  for  buying  apparatus,  or  fixtures,  or  for  paying 
the  wages  of  teachers  and  the  necessary  expenses  of  the  school,  or 
for  such  other  purpose  relating  to  the  support  and  welfare  of  the 
school  as  they  may,  by  resolution,  approve. 

2.  On  all  propositions  arising  at  said  meetings  involving  the 
expenditure  of  money,  or  authorizing  the  levy  of  a  tax  in  one 
sum  or  by  instalments,  the  vote  thereon  shall  be  by  ballot,  or 
ascertained  by  taking  and  recording  the  ayes  and  noes  of  such 
qualified  voters  attending  and  voting  at  such  meetings;  and  they 
may  direct  the  moneys  so  voted  to  be  levied  in  one  sum,  or  by 
instalments. 

3.  'No  addition  to  or  change  of  site  or  purchase  of  a  new  site 
or  tax  for  the  purchase  of  any  new  site  or  structure,  or  for  the 
purchase  of  an  addition  to  the  site  of  any  school-house,  or  for 
building  any  new  school-house  or  for  the  erection  of  an  addition 
to  any  school-house  already  built,  shall  be  voted  at  any  such  meet- 
ing in  a  union  free  school  district  unless  a  notice  by  the  board  of 
education  stating  that  such  tax  will  be  proposed,  and  specifying 
the  object  thereof  and  the  amount  to  be  expended  therefor,  shall 
have  been  given  in  the  manner  provided  herein  for  the  notice  of  an 
annual  meeting.  In  a  common  school  district  the  notice  of  a 
special  meeting  to  authorize  any  of  the  improvements  enumerated 
in  this  section  shall  be  given  as  provided  in  section  one  hundred 
and  ninetv-seven. 


EDUCATION'    LAW  109 

4.  And  whenever  a  tax  for  any  of  the  objects  hereinbefore 
specified  shall  be  legally  voted  the  board  of  trustees  or  board 
of  education  shall  make  out  their  tax  list,  and  attach  their  war- 
rant thereto,  in  the  manner  provided  in  article  fifteen  of  this 
chapter,  for  the  collection  of  school  district  taxes,  and  shall  cause 
such  taxes  or  such  instalments  to  be  collected  at  such  times  as  they 
shall  become  due. 

5.  No  vote  to  raise  money  shall  be  rescinded,  nor  the  amount 
thereof  be  reduced  at  any  subsequent  meeting,  unless  it  be  an 
adjourned  meeting  or  a  meeting  called  by  regular  and  legal  notice, 
which  shall  specify  the  proposed  action,  and  at  which  the  vote 
upon  said  proposed  reduction  or  rescinding  shall  be  taken  by  ballot 
or  by  taking  and  recording  the  ayes  and  noes  of  the  qualified 
voters  attending  and  voting  thereat. 

ARTICLE  17 
School  District  Bonds 

§  480.   Issuance  of  scliool  district  bonds.     1.  For  the 

purpose  of  giving  effect  to  the  provisions  of  section  four  hundred 
and  sixty-seven  of  this  chapter,  trustees  or  boards  of  education 
are  hereby  authorized,  whenever  a  tax  shall  have  been  voted  to  be 
collected  in  instalments  for  the  purpose  of  building  a  new  school- 
house  or  building  an  addition  to  a  school-house,  or  making  addi- 
tions, alterations  or  improvements  to  buildings  or  structures 
belonging  to  the  district  or  city,  or  for  the  purchase  of  a  new  site 
or  for  an  addition  to  a  site,  to  borrow  so  much  of  the  sum  voted 
as  may  be  necessary  at  a  rate  of  interest  not  exceeding  six  per- 
centum,  and  to  issue  bonds  or  other  evidences  of  indebtedness; 
therefor,  which  shall  be  a  charge  upon  the  district,  and  be  paid  at 
maturity,  and  which  shall  not  be  sold  below  par. 

2.  Notice  of  the  time  and  place  of  the  sale  of  such  bonds  shall 
be  given  by  the  trustees  or  board  of  education  at  least  ten  days 
prior  thereto  by  publication  twice  in  two  newspapers,  if  there  be 
two,  or  in  one  newspaper  if  there  be  but  one  published  in  such 
district.  But  if  no  newspaper  shall  then  be  published  therein, 
the  said  notice  shall  be  posted  in  at  least  ten  of  the  most  public 
places  in  said  district  ten  days  before  the  sale. 

3.  It  shall  be  the  duty  of  the  trustees  or  the  persons  having 
charge  of  the  issue  or  payment  of  such  indebtedness,  to  transmit  a 
statement  thereof  to  the  clerk  of  the  board  of  supervisors  of  the 


110  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

county  in   which   such  indebtedness   is  created,   annually,   on  or 
before  the  first  day  of  November. 

4.  When  such  bonds  are  sold  by  a  union  free  school  district 
whose  boundaries  are  the  same  as  the  boundaries  of  an  incorpo- 
rated village  or  city,  such  bonds  shall  be  signed  by  the  president 
and  clerk  of  the  board  of  education  and  delivered  to  the  treasurer 
of  such  village  or  city  who  shall  countersign  them  and  give  notice 
of  the  sale  thereof  in  like  manner  as  is  provided  for  the  notice 
of  sale  of  bonds  in  subdivision  two  of  this  section.  The  proceeds 
of  the  sale  of  such  bonds  shall  be  paid  into  the  treasury  of  said 
incorporated  village  or  city,  to  the  credit  of  the  board  of  education. 

5.  When  such  bonds  are  sold  by  a  common  school  district  the 
payment  or  collection  of  the  last  instalment  shall  not  be  extended 
beyond  twenty  years  from  the  time  such  vote  was  taken. 

ARTICLE  18 
School  Moneys 

Section  490.  When  apportioned  and  how  applied. 

491.  Apportionment  of  moneys  appropriated  for  the  sup- 

port of  common  schools. 

492.  Conditions  under  which  cities  and  districts  are  en- 

titled to  an   apportionment  from  the  appropria- 
tion for  the  support  of  common  schools. 

493.  Apportionment   of  moneys    appropriated   to   cities, 

academies,     academic    departments     and     school 
libraries. 

494.  Manner   of   certifying   and   paying   apportionment 

provided  for  in  preceding  section. 

495.  County  treasurers  to  render  annual  report. 

496.  Certificate   of    apportionment   by   commissioner   of 

education. 

497.  Moneys  apportioned,  when  payable. 

498.  Apportionment  of  school  moneys  by  school  commis- 

sioners. 

499.  Duty  of  and  payment  to  supervisor. 

500.  Power  of  comptroller  to  withhold  payment  of  school 

moneys. 

501.  Union    free    scliool    district    and    city,    a    school 

district. 
602.  Apportionment  for  support  of  training  classes. 


EDUCATION    LAW  111 

§  490.    When  apportioned  and  lioiv  applied.      The 

amount  annually  appropriated  by  the  legislature  for  the  support 
of  common  schools  shall  be  apportioned  by  the  commissioner  of 
education  on  or  before  the  twentieth  day  of  January  in  each  year 
as  hereinafter  provided;  and  all  moneys  so  apportioned  shall  be 
applied  exclusively  to  the  payment  of  teachers'  salaries. 

§  491.  Apportionment  of  moneys  appropriated  for 
tlie  support  of  common  schools.  After  setting  apart  there- 
from for  a  contingent  fund  not  more  than  ten  thousand  dollars, 
the  commissioner  of  education  shall  apportion  the  money  appro- 
priated for  the  support  of  common  schools: 

1.  To  each  city  and  to  each  union  school  district  which  has  a 
population  of  five  thousand  and  which  employs  a  superintendent 
of  schools,  eight  hundred  dollars.  This  shall  be  known  as  a  super- 
vision quota. 

2.  To  each  district  having  an  assessed  valuation  of  twenty 
thousand  dollars  or  less,  two  hundred  dollars. 

3.  To  each  district  having  an  assessed  valuation  of  forty  thou- 
sand dollars  or  less,  but  exceeding  twenty  thousand  dollars,  one 
hundred  and  seventy-five  dollars. 

4.  To  each  district  having  an  assessed  valuation  of  sixty  thou- 
sand dollars  or  less,  but  exceeding  forty  thousand  dollars,  and 
to  each  Indian  reservation  for  each  teacher  employed  therein  for 
a  period  of  one  hundred  and  sixty  days  or  more,  one  hundred 
fifty  dollars. 

5.  To  each  of  the  orphan  asylums  which  meet  the  conditions 
mentioned  in  article  thirty-five  of  this  chapter,  one  hundred  and 
twenty-five  dollars. 

6.  To  each  of  the  remaining  districts  and  to  each  of  the  cities 
in  the  state  one  hundred  twenty-five  dollars.  The  apportionment 
provided  for  by  subdivisions  two,  three,  four,  five  and  six  shall 
be  known  as  district  quotas.  <. 

7.  To  each  such  district,  city  and  orphan  asylum  for  each  addi- 
tional qualified  teacher  and  his  successors  by  whom  the  common 
schools  have  been  taught  during  the  period  of  time  required  by 
law,  one  hundred  dollars.  The  apportionment  provided  for  by 
this  subdivision  shall  be  known  as  the  teacher's  quota. 

8.  To  a  school  district  which  has  failed  to  maintain  school  for 
one  hundred  sixty  days  or  which  has  employed  an  extra  teacher 
for  a  shorter  period  than  one  hundred  sixty  days  such  part  of 
a  district  or  teacher's  quota  as  seems  to  him  equitable  when  the 


112  N:EW    YORK    STATE    EDUCATION    DEPARTMENT 

reason  for  such  failure  is  in  his  judgment  sufficient  to  warrant 
such  action. 

9.  To  each  separate  neighborhood  such  sum  as  in  his  opinion 
it  is  equitably  entitled  to  receive  upon  the  basis  of  distribution 
establishecl  by  this  article. 

10.  All  errors  or  omissions  in  the  apportionment  whether  made 
by  the  commissioner  of  education  or  by  the  school  commissione? 
shall  be  corrected  by  the  commissioner  of  education.  Whenever 
a  school  district  has  been  apportioned  less  money  than  that  to 
which  it  is  entitled  the  commissioner  of  education  may  allot  to 
such  district  the  balance  to  which  it  is  in  his  judgment  entitled 
and  the  same  shall  be  paid  from  the  contingent  fund.  Whenever 
a  school  district  has  been  apportioned  more  money  than  that  to 
which  it  is  entitled  the  commissioner  of  education  may,  by  an 
order  under  his  hand,  direct  such  moneys  to  be  paid  back  into  the 
hands  of  the  county  treasurer  by  him  to  be  credited  to  the  school 
fund,  or  he  may  deduct  such  amount  from  the  next  apportionment 
to  be  made  to  said  district. 

11.  The  commissioner  of  education  may  also  in  his  discretion 
excuse  the  default  of  a  trustee  or  a  board  of  education  in  employ- 
ing a  teacher  not  legally  qualified,  legalize  the  time  so  taught  and 
authorize  the  payment  of  the  salary  of  such  teacher. 

§  492.  Conditions  under  whicli  cities  and  districts 
are  entitled  to  an  apportionment  from  the  appro- 
priation for  tlie  support  of  common  schools.  1.  The 
commissioner  of  education  shall  make  no  allotment  of  a  super- 
vision quota  to  any  city  or  district  unless  satisfied  that  such  city 
or  district  employs  a  competent  superintendent  whose  time  is 
exclusively  devoted  to  the  supervision  of  the  public  schools  of 
such  city  or  district;  nor  shall  he  make  any  allotment  to  any 
district  in  the  first  instance  without  first  causing  an  enumeration 
of  the  inhabitants  to  be  made  which  shall  show  the  population 
thereof  to  be  at  least  five  thousand,  the  expense  of  such  enumera- 
tion, as  certified  by  said  commissioner,  shall  be  paid  by  the  dis- 
trict in  whose  interest  it  is  made.  The  population  shown  by  the 
last  state  or  federal  census  or  village  enumeration  may  be  ac- 
cepted by  said  commissioner  whenever  the  village  and  school  dis- 
trict boundaries  coincide. 

2.  No  district  shall  be  entitled  to  any  portion  of  such  school 
moneys  on  such  apportionment  unless  the  report  of  the  trustee  for 
the  preceding  school  year  shall  show  that  a  common  school  was 


EDUCATION    LAW  113 

supported  in  the  district  and  taught  by  a  qualified  teacher  or  by 
successive  qualified  teachers  for  at  least  one  hundred  and  sixty 
days,  inclusive  of  legal  holidays  that  may  have  occurred  during 
the  term  of  said  school  and  exclusive  of  Saturdays. 

4.  'No  Saturday  shall  be  counted  as  part  of  said  one  hundred 
sixty  days  of  school  and  no  school  shall  be  in  session  on  a  legal 
holiday,  except  general  election  day,  Columbus  day,  Washing- 
ton's birthday  and  Lincoln's  birthday.  A  deficiency  not  exceed- 
ing three  weeks  during  any  school  year  caused  by  a  teacher's  at- 
tendance upon  a  teacher's  institute  within  a  county,  shall  be  ex- 
cused by  the  commissioner  of  education. 

§  493.  Apportionment  of  moneys  appropriated  to 
cities,  academies,  academic  departments  and  school 
libraries.  The  commissioner  of  education  shall  apportion  the 
money  annually  appropriated  for  the  support  of  cities,  academies, 
academic  departments  and  school  libraries  in  accordance  with 
regulations  established  or  to  be  established  by  him  as  follows: 

1.  To  each  city,  union  school  district  and  nonsectarian  academy 
maintaining  an  academic  department,  a  quota  of  one  hundred  dol- 
lars for  each  such  academic  department  maintained  therein.  This 
apportionment  shall  be  known  as  the  academic  quota. 

2.  To  each  *monsectarian  private  academy  an  allowance  equal 
to  the  amount  raised  from  local  sources  but  not  to  exceed  two  hun- 
dred fifty  dollars  annually  for  approved  books,  standard  pictures 
and  apparatus. 

3.  To  each  city  an  allowance  equal  to  the  amount  raised  from 
local  sources  but  not  to  exceed  eighteen  dollars  and  two  dollars 
additional  for  each  duly  licensed  teacher  employed  therein  for  the 
legal  term,  and  two  hundred  fifty  dollars  for  each  academic  de- 
partment maintained  by  it  for  approved  books,  standard  pictures 
and  apparatus. 

4.  To  each  union  free  school  district  maintaining  an  academic 
department  an  allowance  equal  to  the  amount  raised  from  local 
sources,  but  not  to  exceed  two  hundred  sixty-eight  dollars  annu- 
ally and  two  dollars  additional  for  each  teacher  employed  in  said 
district  for  the  legal  term  for  approved  books,  standard  pictures 
and  apparatus. 

5.  To  all  other  school  districts  an  allowance  equal  to  the  amount 
raised  from  local  sources  but  not  to  exceed  eighteen  dollars  annu- 
ally and  two   dollars  additional  for  each   duly  licensed  teacher 

•  So  in  original. 


114  A'EW    YORK    STATE    EDUCATION    DEPARTMENT 

employed  in  said  district  for  the  legal  term  for  approved  books, 
geographical  maps  and  a  globe. 

6.  To  each  city  and  union  school  district  maintaining  an 
academic  department,  twenty  dollars  per  year  for  at  least  thirty- 
two  weeks'  instruction  or  a  proportionate  amount  if  for  eight 
weeks  or  more  for  each  nonresident  pupil  attending  the  academic 
department  of  such  school  from  districts  not  maintaining  such  aca- 
demic departments  and  who  shall  be  admitted  to  such  academic 
department  without  other  expense  for  tuition  than  that  provided 
herein.  But  pupils  residing  in  districts  not  maintaining  a  four- 
year  curriculum  may  be  included  in  this  apportionment  after 
having  completed  the  course  of  study  prescribed  for  the  school  in 
the  district  in  which  they  reside.  In  the  apportionment  to  cities 
whose  customary  charge  for  non-resident  pupils  is  greater  than 
the  sum  provided  by  this  subdivision,  the  commissioner  of  edu- 
cation may  permit  the  sum  so  apportioned  to  be  applied  upon  such 
customary  charge  for  such  non-resident  pupils,  provided  the  bal- 
ance of  such  customary  charge  shall  be  assumed  by  the  school 
district  in  which  such  non-resident  pupil  is  resident,  and  the  pay- 
ment thereof  shall  have  been  provided  for  at  a  school  district 
meeting  held  in  such  district. 

7.  After  the  payment  of  the  allowances  herein  provided  for  the 
balance  shall  be  divided  among  the  several  cities,  school  districts 
and  academies  maintaining  academic  departments  on  the  basis 
of  aggregate  days'  attendance  of  academic  pupils  therein. 

8.  The  commissioner  shall  set  aside  at  the  beginning  of  the 
fiscal  year  a  sum  which  in  his  opinion  will  be  sufficient  to  pay 
the  allowances  for  books  and  apparatus  herein  provided  before 
making  the  other  apportionments  as  directed  by  this  article.  The 
allowance  for  books  and  apparatus  shall  be  apportioned  and  paid 
as  often  during  each  year  as  the  commissioner  may  determine. 
All  other  apportionments  above  provided  for  shall  be  made  so  far 
as  possible  during  the  month  of  October  each  year  on  the  basis 
of  the  reports  of  the  previous  year. 

9.  To  entitle  a  city,  academy,  academic  department  or  school 
library  to  an  apportionment  from  this  fund  the  school  authorities 
having  control  must  render  a  satisfactory  report  for  the  preceding 
year  to  the  commissioner  of  education  before  the  twentieth  day 
of  September  in  each  year  unless  such  neglect  is  excused  by  the 
commissioner  for  sufficient  reason.  They  must  also  have  complied 
with  all  regents'  laws  and  ordinances  during  the  preceding  aca- 
demic year. 


EDUCATIO]^^^    LAW  115 

§  494.  Manner  of  certifying  and  paying  apportion- 
ment provided  for  in  preceding  section.  Payment  from 
this  fund  shall  be  made  to  the  county  treasurer  of  each  county  for 
all  schools  located  in  such  county,  by  the  state  treasurer  on  the 
warrant  of  the  comptroller  or  the  certificate  of  the  commissioner 
of  education. 

The  commissioner  of  education  immediately  after  making  an 
apportionment  shall  certify  to  the  county  treasurer  of  every 
county  included  in  such  apportionment,  excepting  those  counties 
included  within  the  territory  of  the  city  of  Isew  York,  with 
respect  to  his  county,  the  name  of  each  academy,  the  number  of 
each  school  district  and  the  town  in  which  it  is  situated  and  the 
name  of  each  city  to  which  money  has  been  allotted  and  the 
amount  allotted  to  each.  The  county  treasurer  shall,  upon  the 
receipt  of  such  certificate  and  payment  from  the  state  treasurer, 
pay  to  the  treasurer,  if  there  be  one,  otherwise  to  the  disbursing 
officer  or  collector  of  each  school  district,  academy  and  city  named 
in  the  certificate  of  the  commissioner  of  education,  the  amount  to 
which  said  district,  academy  or  city  is  entitled  as  shown  by  such 
certificate. 

Any  apportionment  which  shall  be  made  to  the  city  of  ^ew 
York  shall  be  certified  and  paid  to  the  chamberlain  of  the  city  of 
New  York,  and  any  apportionment  which  shall  be  made  to  any 
private  academy  situated  within  the  territory  of  the  city  of  New 
York,  shall  be  certified  and  paid  directly  to  the  disbursing  officer 
of  the  academy  to  which  the  apportionment  is  made. 

§  495.  County  treasurers  to  render  annual  report. 
The  county  treasurers  of  the  state  shall,  upon  the  first  day  of 
October  of  each  year  and  at  such  other  times  as  the  commis- 
sioner of  education  may  require,  make  a  report  for  the  preceding 
year  to  the  commissioner  of  education,  showing  the  amount  of 
money  received  by  them  from  this  fund  and  the  school  districts, 
cities  or  academies  to  which  such  money  has  been  paid  and  the 
amount  paid  to  each,  and  the  amount,  if  any,  remaining  in  their 
hands  unclaimed  by  any  school  district,  city  or  academy  together 
with  any  other  fact  relative  to  the  disbursement  of  this  fund 
which  said   commissioner   may  require. 

§  496.  Certificate  of  apportionment  by  commis- 
sioner of  education.  As  soon  as  possible  after  the  making 
of  any  annual  or  general  apportionment,  the  commissioner  of 
education  shall  certify  it  to  the  county  clerk,  county  treasurer. 


116  NEW    YOKK    STATE    EDUCATION    DEPARTMENT 

school  commissioners  and  city  treasurer  or  chamberlain,  in  every 
county  in  the  state;  and  if  it  be  a  supplemental  apportionment, 
then  to  the  county  clerk,  county  treasurer  and  school  commis- 
sioners of  the  county  in  which  the  school-house  of  the  district 
concerned  is  situated. 

§  497.  Moneys  apportioned,  when  payable.  At  least 
one-half  of  the  moneys  so  annually  apportioned  by  the  com- 
missioner of  education  shall  be  payable  on  or  before  the  first  day 
of  March  and  the  remaining  part  of  such  moneys  on  or  before  the 
fifteenth  day  of  May,  in  each  year,  next  after  such  apportionment, 
to  the  treasurers  of  the  several  counties  and  the  chamberlain  of  the 
city  of  l^ew  York,  respectively;  and  the  said  treasurers  and  the 
chamberlain  shall  apply  for  and  receive  the  same  as  soon  as 
payable. 

§  498.  Apportionment  of  school  moneys  by  school 
commissioners.  The  school  commissioner  or  commissioners 
of  each  county  shall  proceed  at  the  county  seat  on  or  before  the 
fifteenth  day  of  February  in  each  year,  and  apportion  the  super- 
vision, district  and  teachers'  quotas  to  the  several  districts  entitled 
thereto  as  shown  by  the  certificate  of  the  commissioner  of  edu- 
cation to  the  school  commissioner. 

^There  shall  procure  from  the  treasurer  of  the  county  a  transcript 
of  the  returns  of  the  supervisors  hereinafter  required,  showing 
the  unexpended  moneys  in  their  hands  applicable  to  the  payment 
of  teachers'  salaries.  The  amounts  in  each  supervisor's  hands 
shall  be  charged  as  a  partial  payment  of  the  sums  apportioned  to 
the  town  teachers'  salaries. 

They  shall  procure  from  the  county  treasurer  a  full  list  and 
statement  of  all  payments  to  him  of  moneys  for  or  on  account  of 
fines  and  penalties,  or  accruing  from  any  other  source,  for  the 
benefit  of  schools  and  of  the  towns  or  districts  for  whose  benefit 
the  same  were  received.  Such  of  said  moneys  as  belong  to  a 
particular  district,  they  shall  set  apart  and  credit  to  it;  and  such 
as  belong  to  the  schools  of  a  town,  they  shall  set  apart  and  credit 
to  the  schools  in  that  town,  and  shall  apportion  them  together 
with  such  as  belong  to  the  schools  of  the  county  as  hereinafter 
provided  for  the  payment  of  teachers'  salaries. 

They  shall  sign,  in  duplicate,  a  certificate,  showing  the  amounts 
apportioned  and  set  apart  to  each  school  district  and  part  of  a 
district,   and  the  towns  in  which   they  were  situated,  and  shall 

*  So  in  original. 


EDUCATION-    LAW  117 

forthwith  deliver  one  of  said  duplicates  to  the  treasurer  of  the 
county  and  transmit  the  other  to  the  commissioner  of  education. 

They  shall  certify  to  the  supervisor  of  each  town  the  amount  of 
school  moneys  apportioned  to  each  district  or  part  of  a  district  of 
his  town  for  teachers'  wages. 

§  499.  Duty  of  and  payment  to  supervisor.  On  re- 
ceiving the  certificate  of  the  school  commissioners,  each  super- 
visor shall  forthwith  make  a  copy  thereof  for  his  own  use,  and 
deposit  the  original  in  the  office  of  the  clerk  of  his  town ;  and  the 
moneys  so  apportioned  to  his  town  shall  be  paid  to  him  imme- 
diately on  his  compliance  with  the  requirements  of  section  three 
hundred  and  sixty-three  of  this  chapter. 

§  500.  Power  of  comptroller  to  withhold  payment 
of  school  moneys.  The  comptroller  may  withhold  the  pay- 
ment of  any  moneys  to  which  any  county  may  l3e  entitled  from 
the  appropriation  of  the  incomes  of  the  school  fund  and  the 
United  States  deposit  fund  for  the  support  of  common  schools, 
until  /satisfactory  evidence  shall  be  furnished  to  him  that  all 
moneys  required  by  law  to  be  raised  by  taxation  upon  such  county, 
for  the  support  of  schools  throughout  the  state,  have  been  collected 
and  paid  or  accounted  for  to  the  state  treasurer. 

§  501.  Union  free  school  district  and  city,  a  school 
district.  Every  union  free  school  district  and  every  city  having 
an  organized  city  system  of  schools  shall,  for  all  the  purposes  of 
the  apportionment,  distribution,  payment  and  withholding  of 
school  moneys,  be  regarded  and  recognized  as  a  school  district. 

§  502.  Apportionment  for  support  of  training 
classes.  The  commissioner  of  education  shall  apportion  the 
money  annually  appropriated  for  the  support  of  training  of  teach- 
ers as  follows: 

1.  To  each  academy  and  union  free  school  district  which  has 
maintained  a  training  class  in  accordance  with  the  provisions  of 
article  thirty-one  of  this  chapter  and  with  the  regulations  pre- 
scribed by  the  commissioner  of  education,  the  sum  of  seven  hun- 
dred dollars. 

2.  The  balance  of  the  money  appropriated  for  such  purpose 
shall  be  apportioned  to  the  cities  of  the  state  which  maintain  train- 
ing schools  in  accordance  with  the  provisions  of  articles  twenty 
and  thirty-one  of  this  chapter  and  with  the  regulations  prescribed 
by  the  commissioner  of  education,  ratably  according  to  the  agsrre- 
gate  attendance  of  the  pupils  regularly  admitted  to  such  training 
schools. 


118  I^EW    YORK    STATE    EDUCATIOIS^    DEPARTMENT 

ARTICLE  19 
Trusts  for  Scbools;  Gospel  and  School  Lots 

Section  52,0.  Property  to  be  held  in  trust  for  common  schools. 

521.  Control    and    supervision    of    trusts    for    common 

schools. 

522.  Eeport  of  trusts  to  commissioner  of  education. 

523.  Eeport  of  supervisor  regarding  gospel  or  school  lots. 

524.  Apportionment  of  gospel  funds. 

525.  Authorization  of  apportionment  of  gospel  funds. 

526.  Payment  of  apportionment  of  gospel  funds. 

527.  Bond  required  of  collector  or  treasurer. 

528.  Application  of  moneys. 

§  520.  Property  to  be  held  in  trust  for  commoii 
schools.  Peal  and  personal  estate  may  be  granted,  conveyed, 
devised,  bequeathed  and  given  in  trust  and  in  perpetuity  or  other- 
wise, to  the  state,  or  to  the  regents  or  to  the  commissioner  of 
education  for  the  support  or  benefit  of  the  common  schools,  within 
the  state,  or  within  any  part  or  portion  of  it,  or  of  any  particular 
common  schools  within  it;  and  to  any  county,  or  the  school  com- 
missioners of  any  county,  or  to  any  city  or  any  board  of  officers 
thereof,  or  to  any  school  commissioner  district  or  its  commissioner, 
or  to  any  town,  or  supervisor  of  a  town,  or  to  any  school  district 
or  its  trustees,  for  the  support  and  benefit  of  common  schools 
within  such  county,  city,  school  commissioner  district,  town  or 
school  district,  or  within  any  part  or  portion  thereof  respectively, 
or  for  the  support  and  benefit  of  any  particular  common  schools 
therein.  No  such  grant,  conveyance,  devise  or  bequest  shall  be 
held  void  for  the  want  of  a  named  or  competent  trustee  or  donee, 
but  where  no  trustee  or  donee,  or  an  incompetent  one  is  named,  the 
title  and  trust  shall  vest  in  the  people  of  the  state,  subject  to  its 
acceptance  by  the  legislature,  but  such  acceptance  shall  be 
presumed. 

§  521.  Control  and  supervision  of  trusts  for  com- 
mon schools.  The  legislature  may  control  and  regulate  the 
execution  of  all  such  trusts;  and  the  commissioner  of  education 
shall  supervise  and  advise  the  trustees,  and  hold  them  to  a  regular 
accounting  for  the  trust  property  and  its  income  and  interest  at 
such  times,  in  such  forms,  and  with  such  authentications,  as  he 
shall,  from  time  to  time,  prescribe. 


EDUCATIOIT    LAW  119 

§  522.  Report  of  trusts  to  coimnissioner  of  educa- 
tion. The  common  council  of  every  city^  the  board  of  super- 
visors of  every  county,  the  trustees  of  every  village,  the  supervisor 
of  every  to^vn,  the  trustees  of  every  school  district,  and  every  other 
officer  or  person  who  shall  be  thereto  required  by  the  commis 
sioner  of  education  shall  report  to  him  whether  any,  and  if  any, 
what  trusts  are  held  by  them  respectively,  or  by  any  other  body, 
officer  or  person  to  their  information  or  belief  for  school  purposes, 
and  shall  transmit,  therewith,  an  authenticated  copy  of  every 
will,  conveyance,  instrument  or  paper  embodying  or  creating  the 
trust ;  and  shall,  in  like  manner,  forthwith  report  to  him  the  crea- 
tion and  terms  of  every  such  trust  subsequently  created. 

§  523.  Report  of  supervisor  regarding  gospel  or 
school  lots.  Every  supervisor  of  a  town  shall  report  to  the 
commissioner  of  education  whether  there  be,  within  the  town,  any 
gospel  or  school  lot,  and,  if  any,  shall  describe  the  same,  and  state 
to  what  use,  if  kny,  it  is  put  by  the  town ;  and  whether  it  be  leased, 
and,  if  so,  to  whom,  for  what  term  and  upon  what  rents;  and 
whether  the  town  holds  or  is  entitled  to  any  land,  moneys  or 
securities  arising  from  any  sale  of  such  gospel  or  school  lot,  and 
the  investment  of  the  proceeds  thereof,  or  of  the  rents  and  income 
of  such  lots  and  investments,  and  shall  report  a  full  statement  and 
account  of  such  lands,  moneys  and  securities. 

§  524.  Apportionment  of  gospel  funds.  It  shall  be 
lawful  for  the  supervisor  of  any  town  having  money  arising  from 
the  sale  of  gospel  lands,  and  known  as  gospel  funds,  to  apportion 
such  funds  among  the  several  school  districts  of  his  respective 
town  as  hereinafter  provided. 

§  525.  Authorization  of  apportionment  of  gospel 
funds.  1.  The  town  board  of  any  town  having  a  gospel  fund 
of  five  hundred  dollars  or  less  may  authorize  the  supervisor  of 
the  town  to  apportion  such  fund  among  the  several  school  districts 
of  the  town. 

2.  The  voters  of  any  town  having  a  gospel  fund  of  more  than 
five  hundred  dollars  may  at  any  regular  or  special  town  meeting 
authorize  the  supervisor  of  the  town  to  apportion  such  fund 
among  the  several  school  districts  of  the  town. 

§  526.  Payment  of  apportionment  of  gospel  funds. 
When  such  apportionment  is  authorized  the  supervisor  shall  pay  to 
the  collector,  or  if  the  district  has  a  treasurer  to  the  treasurer,  of 
the  several  school  districts  of  his  town  its  pro  rata  share  according 


120  iS^EW    YORK    STATE    EDTJCATION    DEPARTMENT 

to  the  aggregate  school  attendance  of  each  school  district  in  the 
preceding  year. 

§  527.    Bond    required    of   collector    or    treasurer. 

The  collector  or  the  treasurer  if  the  district  has  a  treasurer,  of 
each  of  such  school  districts  shall  execute  and  file  with  the  super- 
visor of  such  town  a  bond  of  twice  the  amount  of  such  apportion- 
ment with  sufficient  sureties,  to  be  approved  by  such  supervisor. 

§  528.  Application  of  moneys.  Such  moneys  shall  be 
held  by  such  collector  or  treasurer  and  paid  upon  the  written  order 
of  the  trustee  of  the  district  for  such  purposes  as  the  annual  or  a 
special  meeting  of  the  district  shall  direct. 

ARTICLE  20 
Teacliers  and  Pupils 

Section  550.  Qualification  of  teachers. 

551.  Minimum  qualifications  of  teachers  in  primary  and 

grammar  schools. 

552.  Regulations  governing  certification  of  teachers. 

553.  Commissioner  of  education  to  issue  certificates. 
554*.  Endorsement  of  foreign  certificates  and  diplomas. 

555.  Certification  of  teachers  by  local  authorities. 

556.  Revocation  of  certificate  by  school  commissioner. 

557.  Unqualified  teachers  shall  not  be  paid  from  school 

moneys. 

558.  Penalty  for  payment  of  unqualified  teacher. 

559.  Teachers  responsible  for  record  books. 

560.  Verification  of  school  register. 

561.  Contract  with  teacher. 

562.  Penalty  for  teachers'  failure  to  complete  contract. 

563.  Contract  when  teacher  is  related  to  trustee  or  mem- 

ber of  board. 

564.  Individual  liability  of  trustee. 

565.  Dismissal  of  teacher. 

566.  Teacher's  salary  payable  as  often  as  monthly. 

567.  Common    schools    free   to   resident   pupils;    tuition 

from  nonresident  pupils. 

§  550.  Qualification  of  teachers.  "No  person  shall  be 
employed  or  authorized  to  teach  in  the  public  schools  of  the  state 
who  is: 


EDUCATION^    LAW  121 

1.  Under  the  age  of  eighteen  years ;  and, 

2.  'Not  in  possession  of  a  teacher's  certificate  issued  under  the 
authority  of  this  chapter  or  a  diploma  issued  on  the  completion  of 
a  course  in  a  state  normal  school  of  this  state  or  in  the  state  normal 
college. 

§  551.  Minimum,  qualifications  of  teachers  in  pri- 
mary and  grammar  schools.  Xo  person  shall  hereafter 
be  employed  or  licensed  to  teach  in  the  primary  and  grammar 
schools  of  any  city  or  school  district  authorized  by  law  to  employ 
a  superintendent  of  schools  who  has  not  had  successful  experience 
in  teaching  for  at  least  three  years,  or  in  lieu  thereof  has  not  com- 
pleted : 

1.  A  course  in  one  of  the  state  normal  schools  of  this  state  pre- 
scribed by  the  commissioner  of  education. 

2.  An  examination  for  and  received  a  life  state  certificate 
issued  in  this  state  W  a  superintendent  of  public  instruction  or 
the  commissioner  of  \education. 

3.  A  course  of  study  in  a  high  school  or  academy  of  not  less 
than  three  years  approved  by  the  commissioner  of  education  or 
from  some  institution  of  learning  of  equal  or  higher  rank  ap- 
proved by  the  same  authority,  and  who  subsequently  to  the  com- 
pletion of  such  course  has  not  graduated  from  a  school  for  the 
professional  training  of  teachers  having  a  course  of  not  less  than 
two  years  approved  by  the  commissioner  of  education  or  its 
equivalent. 

§  552.  Regulations  governing  certification  of 
teachers.  The  commissioner  of  education  shall  prescribe,  sub- 
ject to  approval  by  the  regents,  regulations  governing  the  exam- 
ination and  certification  of  teachers  employed  in  all  public  schools 
of  the  state. 

§  553.  Commissioner  of  education  to  issue  certifi- 
cates.     The  commissioner  of  education  may  issue : 

1.  A  life  state  certificate  upon  examinations  only  which  shall 
entitle  its  holder  to  teach  for  life  in  the  public  schools  of  the 
state  without  further  examination. 

2.  Such  other  certificates  as  regents  general  rules  shall  pre- 
scribe. 

3.  A  temporary  license  limited  to  a  school  district,  school  com- 
missioner district  or  city  for  a  period  not  to  exceed  one  year. 

§  554.  Endorsement  of  foreign  certificates  and 
diplomas.  The  commissioner  of  education  may  in  his  dis- 
cretion endorse: 


122  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

1.  A  diploma  issued  by  a  normal  school  of  another  state. 

2.  A  certificate  issued  by  the  chief  educational  officer  or  state 
board  of  another  state. 

Such  endorsement  confers  on  the  holder  of  such  diploma  or 
certificate  the  privileges  conferred  by  law  on  the  holder  of  a  nor- 
mal school  diploma  or  state  certificate  issued  in  this  state. 

§  555.  Certification  of  teacliers  by  local  author- 
ities. A  school  commissioner,  a  city  superintendent  of  schools 
or  such  other  authority  of  a  city  as  may  be  designated  by  a  special 
act  or  the  city  charter  may  issue  such  certificate  as  may  be  au- 
thorized by  the  regents  general  rules  or  by  such  special  act  or 
city  charter. 

§  556.  Revocation  of  certificate  by  scliool  com- 
missioner, A  school  commissioner  shall  examine  any  charge 
affecting  the  moral  character  of  any  teacher  within  his  district. 
first  giving  such  teacher  reasonable  notice  of  the  charge,  and  an 
opportunity  to  defend  himself  therefrom ;  and  if  he  find  the 
charge  sustained,  he  shall  annul  the  teacher's  certificate,  by  whom- 
soever granted,  and  declare  him  unfit  to  teach;  and  if  the  teacher 
holds  a  certificate  of  the  commissioner  of  education  or  of  a  former 
superintendent  of  public  instruction  or  a  diploma  of  a  state  normal 
school,  he  shall  notify  the  commissioner  of  education  forthwith 
of  such  annulment  and  declaration. 

§  557.  Unqualified  teacbers  sball  not  be  paid  from 
school  moneys.  ;N'o  part  of  the  school  moneys  apportioned 
to  a  district  shall  be  applied  to  the  payment  of  the  salary  of  an 
unqualified  teacher,  nor  shall  his  salary,  or  any  part  thereof,  be 
collected  by  a  district  tax  except  as  provided  in  section  four  hun- 
dred and  ninety-one  of  this  chapter. 

§  558.  Penalty  for  payment  of  unqualified  teacber. 
Any  trustee  who  applies,  or  directs,  or  consents  to  the  application 
of  any  district  money  to  the  payment  of  an  unqualified  teacher's 
salary,  thereby  commits  a  misdemeanor;  and  any  fine  imposed 
upon  him  therefor  shall  be  for  the  benefit  of  the  common  schools 
of  the  district. 

§  559.  Teacbers  responsible  for  record  books. 
Teachers  shall  keep,  prepare  and  enter  in  the  books  provided  for 
that  purpose,  the  school  lists  and  accounts  of  attendance  herein 
mentioned,  and  shall  be  responsible  for  their  safekeeping  and 
delivery  to  the  clerk  of  the  district  at  the  close  of  their  engage- 
ments or  terms. 


EDUCATION"    LAW  12'6 

§   560.     Verification    of    school    register.       1.    Each 

teacher  shall,  by  his  oath  or  affirmation,  verify  his  entries  in  the 
school  register  provided  by  the  education  department,  and  the 
entries  shall  constitute  the  school  lists  from  which  the  average 
daily  attendance  shall  be  determined.  Such  oath  or  affirmation 
may  be  taken  by  the  district  clerk  or  trustee,  but  without  charge. 

2.  A  teacher  shall  not  be  entitled  to  his  salary  for  the  last 
month  of  a  term  until  he  shall  have  so  made  and  verified  such 
entries  and  the  trustees  shall  not  draw  on  the  supervisor,  collector 
or  treasurer  for  any  portion  of  his  salary  for  such  month  until 
such  oath  or  affirmation  shall  have  been  made. 

§  561.  Contract  with  teacher.  1.  All  trustees  of  school 
districts  or  boards  of  education  who  shall  employ  any  teacher  to 
teach  shall,  at  the  time  of  such  employment,  make  and  deliver 
to  such  teacher,  or  cause  to  be  made  and  delivered,  a  contract  in 
writing,  signed  by  them,  or  by  some  person  duly  authorized  to 
represent  them  in  the  premises,  in  which  the  details  of  the  agree- 
ment between  the  parties,  and  particularly  the  length  of  the  term 
of  employment,  the  amount  of  compensation  and  the  time  when 
such  compensation  shall  be  due  and  payable  shall  be  clearly  and 
definitely  set  forth. 

2.  'No  contract  for  the  employment  of  a  teacher  in  a  district 
having  three  or  more  trustees  shall  be  made  for  more  than  one 
year  in  advance  or  for  a  shorter  time  than  ten  weeks  unless  for 
the  purpose  of  filling  out  an  unexpired  term  of  school. 

3.  No  contract  for  the  employment  of  a  teacher  in  a  district 
having  a  sole  trustee  shall  be  made  to  extend  beyond  the  date  of 
the  expiration  of  the  term  of  office  of  such  trustee.  A  sole  trus- 
tee of  a  school  district  shall  have  full  power  and  authority  to 
contract  with  teachers  for  the  term  for  which  he  has  been  elected 
any  time  after  the  date  of  the  annual  meeting  at  which  such 
trustee  was  elected. 

4.  ]S[or  shall  any  trustee  contract  with  any  teacher  whose 
certificate  of  qualifications  shall  not  cover  a  period  at  least  as  long 
as  that  covered  by  the  contract  of  service.  (Thus  amended  hy  L. 
1910,  ch.  442,  in  effect  September  1,  1910.) 

§  562.  Penalty  for  teacher's  failure  to  complete 
contract.  Any  failure  on  the  part  of  a  teacher  to  complete 
an  agreement  to  teach  a  term  of  school  without  good  reason  there- 
for shall  be  deemed  sufficient  ground  for  the  revocation  of  the 
teacher's  certificate. 


124  NEW    YORK    STATE    EDUCATION    DEPAETMENT 

§  563.  Contract  ivhen  teacher  is  related  to  trustee 
or  member  of  board.  1.  No  person  who  is  related  to  any 
trustee  bv  blood  or  marriage  shall  be  employed  as  a  teacher, 
except  with  the  approval  of  two-thirds  of  the  voters  of  such  dis- 
trict present  and  voting  upon  the  question  at  an  annual  or  special 
meeting  of  the  district. 

2.  ]^o  person  who  is  related  by  blood  or  marriage  to  any  mem- 
ber of  a  board  of  education  shall  be  employed  as  a  teacher  by 
such  board,  except  upon  the  consent  of  two-thirds  of  the  mem- 
bers thereof  to  be  determined  at  a  board  meeting  and  to  be  entered 
upon  the  proceedings  of  the  board. 

§  564.  Individual  liability  of  trustee.  Any  person 
employed  in  disregard  of  section  five  hundred  and  sixty-one  or  of 
section  ^ve  hundred  and  sixty-three  shall  have  no  claim  for  wages 
against  the  district,  but  may  enforce  the  specific  contract  made 
against  the  trustees  or  board  of  education  consenting  to  such 
employment  as  individuals. 

§  565.  Dismissal  of  teacher.  ;N'o  teacher  shall  be  re- 
moved during  a  term  of  employment  unless  for  neglect  of  duty, 
incapacity  to  teach,  immoral  conduct,  or  other  reason  which,  when 
appealed  to  the  commissioner  of  education,  shall  be  held  by  him 
sufficient  cause  for  such  dismissal. 

§  566.  Teacher's  salary  payable  as  often  as  monthly. 
The  salary  of  any  teacher  employed  in  the  public  schools  of  this 
state  shall  be  due  and  payable  at  least  as  often  as  at  the  end  of 
each  calendar  month  of  the  term  of  employment. 

§  567.  Common  schools  free  to  resident  pupils; 
tuition  from  nonresident  pupils.  1.  A  person  over  ^ve 
and  under  twenty-one  years  of  age  is  entitled  to  attend  the  public 
schools  maintained  in  the  district  or  city  in  which  such  person 
resides  without  the  payment  of  tuition. 

2.  ISTonresidents  of  a  district,  if  otherwise  competent,  may  be 
admitted  into  the  school  of  a  district  or  city,  upon  the  consent  of 
the  trustees,  or  the  board  of  ediication,  upon  terms  prescribed  by 
such  trustees  or  board. 

3.  The  school  authorities  of  a  district  or  city  must  deduct  from 
the  tuition  of  a  nonresident  pupil  whose  parent  or  guardian  owns 
property  in  such  district  or  city  and  pays  a  tax  thereon  for  the 
support  of  the  schools  maintained  in  such  district  or  city  the 
amount  of  such  tax. 


EDUCA,TION    LAW  125 

ARTICLE  21 
Contract  System 

Section  580.  District  meeting  to  authorize  contract  system. 

581.  District  or  city  with  which  such  contract  may  be 

made. 

582.  Trustees  or  boards   of  education  may  contract   to 

receive  such  children. 

583.  Form  of  contract. ' 

584.  Validity  of  contract. 

585.  Apportionment  to  contracting  district. 

586.  Keport  of  pupils  from  other  districts. 

§  580.  District  meeting  to  authorize  contract  sys- 
tem. Any  school  district  nkay  decide  by  a  majority  vote  of  the 
qualified  voters  present  and  \foting  at  any  district  meeting: 

1.  To  contract  for  the  education  of  all  the  children  of  such  dis- 
trict in  another  district  or  in  a  city  instead  of  maintaining  a  home 
school ; 

2.  To  contract  for  the  education  of  part  of  the  children  of  such 
district  in  another  district  or  in  a  city  and  maintain  a  home  school. 

§  581.  District  or  city  \xritli  "which  such  contract 
may  be  made.  1.  Such  contract  may  be  made  with  one  or 
more  districts  or  cities.  The  district  meeting  authorizing  such 
contract  may  designate  the  districts  or  cities  with  which  such  con- 
tracts may  be  made. 

2.  If  the  district  meeting  fails  to  make  such  designation  or  if 
any  district  or  city  so  designated  refuses  to  make  such  contract, 
the  trustees  of  the  district  authorizing  such  contract  may  enter 
into  a  contract  with  a  district  willing  to  make  such  contract. 

§  582.  Trustees  or  boards  of  education  may  con- 
tract to  receive  such  children.  The  trustees  or  board 
of  education  of  any  district  or  city  may  enter  into  a  contract  to 
receive  and  educate  in  the  schools  of  such  district  or  city  the 
children  of  any  district  which  shall  authorize  its  trustees  to  con- 
tract for  the  education  of  its  children  as  provided  by  section  five 
hundred  and  eighty  of  this  chapter. 

§  583.  Form  of  contract.  Such  contract  shall  be  writ- 
ten and  in  the  form  prescribed  by  the  commissioner  of  education. 

§  584.  Validity  of  contract.  Such  contract  shall  not 
be  valid  or  binding  upon  either  party  thereto  until  a  copy  thereof 


12G  NEW    YORK    STATE    EDUCATIOX    DEPARTMENT 

is  filed  with  the  commissioner  of  education  and  approved  by  such 
commissioner. 

§  585.    Apportionment  to  contracting  district.      1. 

Whenever  the  period  of  time  which  a  district  contracts  for  the 
education  of  its  children  or  such  period  together  with  the  time 
school  is  actually  taught  in  said  district  shall  amount  to  one  hun- 
dred and  sixty  days  and  the  contract  shall  include  all  the  children 
of  school  age  in  such  district,  such  district  shall  be  entitled  to  re- 
ceive one  district  quota. 

2.  Whenever  a  district  maintains  a  home  school  and  contracts 
for  the  education  of  at  least  twelve  of  its  children  in  another  dis- 
trict or  city,  it  shall  be  entitled  to  one  teacher's  quota  in  addition 
to  its  district  quota. 

3.  ^o  school  district  operating  under  the  contract  system  shall 
receive  a  greater  apportionment  than  the  total  expense  incurred  in 
payment  of  tuition  and  transportation  of  pupils  as  shown  by  the 
leport  of  the  trustee  to  the  school  commissioner. 

§  586.  Report  of  pupils  from  other  districts.  The 
children  attending  a  school  under  any  such  contract  shall  be 
reported  to  the  commissioner  of  education  by  the  trustees  or 
board  of  education  of  the  district  or  city  wherein  such  children 
attend  school  as  though  they  were  residents  of  such  city  or  school 
district. 

ARTICLE  22 

General  Industrial  Schools,  Trade  Schools, 
and  Schools  of  Agi?iculture,  Mechanic  Arts 
and  Kome  Making* 

Section  600.  General     industrial     schools,     trade     schools,     and 
schools  of  agriculture,  mechanic  arts  and  home 
making,  may  be  established  in  cities. 
GOl.   Such  schools  may  be  established  in  union  free  school 
districts. 

602.  Appointment  of  an  advisory  board. 

603.  Authority    of    the    board    of   education    over    such 

schools. 

604.  State    aid    for    general    industrial    schools,    trade 

schools,    and    schools    of   agriculture,    mechanic 
arts  and  home  making. 

605.  Application  of  such  moneys. 


EDUCATION    LAW  127 

Section  606.  Annual  estimate  by  board  of  education  and  appro- 
priations by  municipal  and  school  districts. 
607.   Courses  in  schools   of   agriculture  for  training  of 
teachers.  ^ 

§  600.  General  industrial  schools,  trade  schools 
and  schools  of  agriculture,  mechanic  arts  and  home 
making,  may  be  established  in  cities.  The  board  of 
education  of  any  city,  and  in  a  city  not  having  a  board  of  edu- 
cation the  officer  having  the  management  and  supervision  of  the 
public  school  system,  miry  establish,  acquire,  conduct  and  main- 
tain as  a  part  of  the  public  school  system  of  such  city  the 
following: 

1.  General  industrial  schools  open  to  pupils  who  have  com- 
pleted the  elementary  school  course  or  who  have  attained  the  age 
of  fourteen  years,  and ; 

2.  Trade  schools  open  to  pupils  who  have  attained  the  age  of 
sixteen  years  and  have  completed  either  the  elementary  school 
course  or  a  course  in  the  above  mentioned  general  industrial 
school  or  who  have  met  such  other  requirements  as  the  local  school 
authorities  may  have  prescribed. 

3.  Schools  of  agriculture,  mechanic  arts  and  home  making,  open 
to  pupils  who  have  completed  the  elementary  school  course  or  who 
have  attained  the  age  of  fourteen,  or  who  have  met  such  other  re- 
quirements as  the  local  school  authorities  may  have  prescribed. 

§  601.  Siuch  schools  may  be  established  in  union 
free  school  districts.  The  board  of  education  of  any  union 
free  school  district  shall  also  establish,  acquire  and  maintain  such 
schools  for  like  purposes  whenever  such  schools  shall  be  authorized 
by  a  district  meeting. 

§  602.  Appointment  of  an  advisory  board.  1.  The 
board  of  education  in  a  city  and  the  officer  having  the  manage- 
ment and  supervision  of  the  public  school  system  in  a  city  not 
having  a  board  of  education  shall  appoint  an  advisory  board  of 
five  members  representing  the  local  trades,  industries,  and  occu- 
pations. In  the  first  instance  two  of  such  members  shall  be 
appointed  for  a  term  of  one  year  and  three  of  such  members  shall 
be  appointed  for  a  term  of  two  years.  Thereafter  as  the  terms  of 
such  members  shall  expire  the  vacancies  caused  thereby  shall  be 
filled  for  a  full  term  of  two  years.  Any  other  vacancy  occurring 
on  such  board  shall  be  filled  by  the  appointing  power  named  in 
this  section  for  the  remainder  of  the  unexpired  term. 


128  NEYf    YORK    STATE    EDUCATION"    DEPARTMENT 

2.  It  shall  be  the  duty  of  such  advisory  board  to  counsel  with 
and  advise  the  board  of  education  or  the  officer  having  the  man- 
agement and  supervision  of  the  public  school  system  in  a  city  not 
having  a  board  of  education  in  relation  to  the  powers  and  duties 
vested  in  such  board  or  officer  by  section  six  hundred  and  three 
of  this  chapter. 

§  603.  Authority  of  the  board  of  education  over 
such  schools.  The  board  of  education  in  ti  city  and  the  officer 
having  the  management  and  supervision  of  the  public  school 
system  in  a  city  not  having  a  board  of  education  and  the  board  of 
education  in  a  union  free  school  district  which  authorizes  the 
establishment  of  a  general  industrial  school,  a  trade  school,  or 
a  school  of  agriculture,  mechanic  arts  and  home  making,  is 
vested  with  the  same  power,  and  authority  over  the  management, 
supervision  and  control  of  such  school  and  the  teachers  or  in- 
structors employed  therein  as  such  board  or  officer  now  has  over 
the  schools  and  teachers  under  their  charge.  Such  boards  of  edu- 
cation or  such  officer  shall  also  have  full  power  and  authority: 

1.  To  employ  competent  teachers  or  instructors. 

2.  To  provide  proper  courses  of  study. 

3.  To  purchase  or  acquire  sites  and  grounds  and  to  purchase, 
acquire,  lease  or  construct  and  to  repair  suitable  shops  or  build- 
ings and  to  properly  equip  the  same. 

4.  To  purchase  necessary  machinery,  tools,  apparatus  and 
supplies. 

§  604.  State  aid  for  general  industrial  schools, 
trade  schools,  and  schools  of  agriculture,  mechanic 
arts  and  home  making.  1.  The  commissioner  of  educa- 
tion in  the  annual  apportionment  of  the  state  school  moneys  shall 
apportion  therefrom  to  each  city  and  union  free  school  district  the 
sum  of  five  hundred  dollars  for  each  independently  organized  gen- 
eral industrial  school,  trade  school,  or  a  school  of  agriculture,  me- 
chanic arts  and  home  making,  maintained  therein  for  thirty-eight 
weeks  during  the  school  year  and  employing  one  teacher  whose 
work  is  devoted  exclusively  to  such  school,  and  having  an  enroll- 
ment of  at  least  twenty-five  pupils  and  maintaining  a  course  of 
study  approved  by  him. 

2.  The  commissioner  of  education  shall  also  make  an  addi- 
tional apportionment  to  each  city  and  union  free  school  district 
of  two  hundred  dollars  for  each  additional  teacher  employed 
exclusively  in  such  schools  for  thirty-eight  weeks  during  the  school 
year. 


EDUCATIONS'    LAW  129 

3.  The  commissioner  of  education  may  in  his  discretion  ap- 
portion to  a  district  or  city  maintaining  such  schools  or  employing 
such  teachers  for  a  shorter  time  than  thirty-eight  weeks,  an 
amount  pro  rata  to  the  time  such  schools  are  maintained  or  such 
teachers  are  employed.  This  section  shall  not  be  construed  to 
entitle  manual  training  high  schools  or  other  secondary  schools 
maintaining  manual  training  departments,  to  an  apportionment 
of  funds  herein  provided  for. 

§  605.  Application  of  such,  moneys.  All  moneys 
apportioned  by  the  commissioner  of  education  for  general  indus- 
trial or  trade  schools  shall  be  used  exclusively  for  the  support 
and  maintenance  of  such  schools  in  the  city  or  district  to  which 
such  moneys  are  apportioned. 

§  606.  Annual  estimate  by  board  of  education  and 
appropriations  by  municipal  and  scbool  districts. 
1.  The  board  of  education  of  each  city  or  the  officer  having  the 
management  and  supervision  of  the  public  school  system  in  a  city 
not  having  a  board  of  education  shall  file  with  the  common  council 
of  such  city,  within  thirty  days  after  the  commencement  of  the 
fiscal  year  of  such  city,  a  written  itemized  estimate  of  the  expendi- 
tures necessary  for  the  maintenance  of  its  general  industrial 
schools,  trade  schools,  or  schools  of  agriculture,  mechanic  arts 
and  home  making,  and  the  estimated  amount  which  the  city  will 
receive  from  the  state  school  moneys  applicable  to  the  support 
of  such  schools.  The  common  council  shall  give  a  public  hearing 
to  such  persons  as  wish  to  be  heard  in  reference  thereto.  The 
common  council  shall  adopt  such  estimate  and,  after  deducting 
therefrom  the  amount  of  state  moneys  applicable  to  the  support 
of  such  schools,  shall  include  the  balance  in  the  annual  tax  budget 
of  such  city.  Such  amount  shall  be  levied,  assessed  and  raised 
by  tax  upon  the  real  and  personal  property  liable  to  taxation  in 
the  city  at  the  time  and  in  the  manner  that  other  taxes  for  school 
purposes  are  raised.  The  common  council  shall  have  power  by 
a  two-thirds  vote  to  reduce  or  reject  any  item  included  in  such 
estimate. 

2.  The  board  of  education  in  a  union  free  school  district  which 
maintains  a  general  industrial  school,  trade  school,  or  a  school 
of  agriculture,  mechanic  arts  and  home  making,  shall  include  in 
its  estimate  of  expenses  pursuant  to  the  provisions  of  sections 
three  hundred  and  twenty-three  and  three  hundred  and  twenty- 
seven  of  this  chapter  the  amount  that  will  be  required  to  maintain 
5 


130  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

such  schools  after  applying  toward  the  maintenance  thereof  the 
amount  apportioned  therefor  hy  the  commissioner  of  education. 
Such  amount  shall  thereafter  be  levied,  assessed  and  raised  by 
tax  upon  the  taxable  property  of  the  district  at  the  time  and 
in  the  manner  that  other  taxes  for  school  purposes  are  raised  in 
such  district. 

§  607.  Courses  in  schools  of  agriculture  for  train- 
ing of  teachers.  The  state  schools  of  agriculture  at  Saint 
Lawrence  University,  at  Alfred  University  and  at  Morrisville 
may  give  courses  for  the  training  of  teachers  in  agriculture, 
mechanic  arts,  domestic  science  or  home  making,  approved  by  the 
commissioner  of  education.  Such  schools  shall  be  entitled  to  an 
apportionment  of  money  as  provided  in  section  six  hundred  and 
four  of  this  chapter  for  schools  established  in  union  free  school 
districts.  Graduates  from  such  approved  courses  may  receive 
licenses  to  teach  agriculture,  mechanic  arts  and  home  making  in 
the  public  schools  of  the  state,  subject  to  such  rules  and  regula- 
tions as  the  commissioner  of  education  may  prescribe. 

ARTICLE  23 
Compulsory  Education 

Section  620.  Instruction  required. 

621.  Required  attendance  upon  instruction. 

622.  When  a  boy  is  required  to  attend  evening  school. 

623.  Instruction  elsewhere  than  at  a  public  school. 

624.  Duties  of  persons  in  ^paternal  relation  to  children. 

625.  Penalty  for  failure  to  perform  ^paternal  duty. 

626.  Unlawful    employment    of    children    and    penalty 

therefor. 

627.  Employer  must  display  record  certificate  and  even- 

ing certificate. 

628.  Punishment  for  unlawful  employment  of  children. 

629.  Teachers  must  keep  record  of  attendance. 

630.  School  record  certificate. 

631.  Evening  school  certificate. 

632.  Attendance  ofiicers. 

633.  Arrest  of  truants. 

634.  Interference  with  attendance  ofiicer. 

*  So  in  original. 


EDUCATIOlSr    LAW  131 

Section  635.  Trnant  schools. 

636.  Enforcement    of    law    and    withholding    the    state 
moneys  by  commissioner  of  education. 

§  620.  Instruction  required.  The  instruction  required 
under  this  article  shall  be: 

1.  At  a  public  school  in  which  at  least  the  six  common  school 
branches  of  reading,  spelling,  writing,  arithmetiCj  English  lan- 
guage and  geography  are  taught  in  English. 

2.  Elsewhere  than  a  public  school  upon  instruction  in  the  same 
subjects  taught  in  English  by  a  competent  teacher. 

§    621.     Required     attendance     upon     instruction. 

1.  Every  child  within  the  compulsory  school  ages,  in  proper 
physical  and  mental  condition  to  attend  school,  residing  in  a  city 
or  school  district  having  a  population  of  five  thousand  or  more 
and  employing  a  superintendent  of  schools,  shall  regularly  attend 
upon  instruction  as  follows: 

(a)  Each  child  between  seven  and  fourteen  years  of  age  shall 
attend  the  entire  time  during  which  the  school  attended  is  in 
session,  which  period  shall  not  be  less  than  one  hundred  and  sixty 
days  of  actual  school. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service,  and  to  whom  an  employment  certificate  has  not  been  duly 
issued  under  the  provisions  of  the  labor  law,  shall  so  attend  the 
entire  time  during  which  the  school  attended  is  in  session. 

2.  Every  such  child,  residing  elsewhere  than  in  a  city  or  school 
district  having  a  population  of  five  thousand  or  more  and  employ- 
ing a  superintendent  of  schools,  shall  attend  upon  instruction  as 
many  days  annually  between  the  first  day  of  October  and  the 
following  June  as  the  public  school  of  the  district  in  which  such 
child  resides,  shall  be  in  session  during  such  period,  as  follows: 

(a)  Each  child  between  eight  and  fourteen  years  of  age. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service. 

3.  The  provisions  of  this  section  are  intended  to  include  all 
blind  children,  except  such  as  may  receive  appointments  under  the 
provisions  of  article  thirty-eight  of  this  chapter.  [Amended  hy 
L.  1911,  ch,  YIO.] 


132  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  622«  "When  a  boy  is  required  to  attend  evening 
school.  Every  boy  between  fourteen  and  sixteen  years  of  age, 
in  a  city  of  the  first  class  or  a  city  of  the  second  class  in  possession 
of  an  employment  certificate  duly  issued  under  the  provisions  of 
the  labor  law,  who  has  not  completed  such  course  of  study  as  is 
required  for  graduation  from  the  elementary  public  schools  of 
such  city,  and  who  does  not  hold  either  a  certificate  of  gradu- 
ation from  the  public  elementary  school  or  the  preacademic  cer- 
tificate issued  by  the  Eegents  or  the  certificate  of  the  completion 
of  an  elementary  course  issued  by  the  education  department,  shall 
attend  the  public  evening  schools  of  such  city,  or  other  evening 
schools  offering  an  equivalent  course  of  instruction,  for  not  less 
than  six  hours  each  week,  for  a  period  of  not  less  than  sixteen 
weeks  or  upon  a  trade  school  a  period  of  eight  hours  per  week  for 
sixteen  weeks  in  each  school  or  calendar  year. 

§  623.  Instruction  elsewhere  than  at  a  public 
school.  If  any  such  child  shall  so  attend  upon  instruction  else- 
where than  at  a  public  school,  such  instruction  shall  be  at  least 
substantially  equivalent  to  the  instruction  given  children  of  like 
age  at  the  public  school  of  the  city  or  district  in  which  such  child 
resides;  and  such  attendance  shall  be  for  at  least  as  many  hours 
each  day  thereof  as  are  required  of  children  of  like  age  at  public 
schools ;  and  no  greater  total  amount  of  holidays  or  vacations  shall 
be  deducted  from  such  attendance  during  the  period  such  attend- 
ance is  required  than  is  allowed  in  such  public  school  to  children 
of  like  age.  Occasional  absences  from  such  attendance,  not 
amounting  to  irregular  attendance  in  the  fair  meaning  of  the 
term,  shall  be  allowed  upon  such  excuses  only  as  would  be  allowed 
in  like  cases  by  the  general  rules  and  practice  of  such  public  school. 

§  624.  Duties  of  persons  in  parental  relation  to 
children.  Every  person  in  parental  relation  to  a  child  within 
the  compulsory  school  ages  and  in  proper  physical  and  mental 
condition  to  attend  school,  shall  cause  such  child  to  attend  upon  in- 
struction, as  follows: 

1.  In  cities  and  school  districts  having  a  population  of  five 
thousand  or  above,  every  child  between  seven  and  sixteen  years  of 
age  as  required  by  section  six  hundred  and  twenty-one  of  this  act 
unless  an  employment  certificate  shall  have  been  duly  issued  to 
-such  child  under  the  provisions  of  the  labor  law  and  he  is  regularly 
employed  thereunder. 


EDUCATION^   LAW  133 

2.  Elsewhere  than  in  a  city  or  school  district  having  a  popula- 
tion of  five  thousand  or  above,  every  child  between  eight  and  six- 
teen years  of  age,  unless  such  child  shall  have  received  an  employ- 
ment certificate  duly  issued  under  the  provisions  of  the  labor  law 
and  is  regularly  employed  thereunder  in  a  factory  or  mercantile 
establishment,  business  or  telegraph  ofiice,  restaurant,  hotel,  apart- 
ment house  or  in  the  distribution  or  transmission  of  merchandise 
or  messages,  or  unless  such  child  shall  have  received  the  school 
record  certificate  issued  under  section  six  hundred  and  thirty  of 
this  act  and  is  regularly  employed  elsewhere  than  in  the  factory 
or  mercantile  establishment,  business  or  telegraph  ofiice,  restaurant, 
hotel,  apartment  house  or  in  the  distribution  or  transmission  of 
merchandise  or  messages. 

§  625.  Penalty  for  failure  to  perforin  parental 
duty.  A  violation  of  section  six  hundred  and  twenty-four  shall 
be  a  misdemeanor,  punishable  for  the  first  offense  by  a  fine  not 
exceeding  five  dollars,  or  five  days'  imprisonment,  and  for  each 
subsequent  offense  by  a  fine  not  exceeding  fifty  dollars,  or  by  im- 
prisonment not  exceeding  thirty  days,  or  by  both  such  fine  and  im- 
prisonment. Courts  of  special  session  and  police  magistrates 
shall,  subject  to  removal  as  provided  in  sections  fifty-seven  and 
fifty-^ight  of  the  code  of  criminal  procedure,  have  exclusive  juris- 
diction in  the  first  instance  to  hear,  try  and  determine  charges  of 
violations  of  this  section  within  their  respective  jurisdictions. 

§  626.  Unlawful  employment  of  children  and  pen- 
alty therefor.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation : 

1.  To  ^employe  any  child  under  fourteen  years  of  age,  in  any 
business  or  service  whatever,  for  any  part  of  the  term  during 
which  the  public  schools  of  the  district  or  city  in  which  the  child 
resides  are  in  session. 

2.  To  employ,  elsewhere  than  in  a  city  of  the  first  class  or  a 
city  of  the  second  class,  in  a  factory  or  mercantile  establishment, 
business  or  telegraph  office,  restaurant,  hotel,  apartment  house  or 
in  the  distribution  or  transmission  of  merchandise  or  messages, 
any  child  between  fourteen  and  sixteen  years  of  age  who  does  not 
at  the  time  of  such  employment  present  an  employment  certifi- 
cate duly  issued  under  the  provisions  of  the  labor  law,  or  to  employ 
any  such  child  in  any  other  capacity  who  does  not  at  the  time  of 

*  So  in  original. 


134  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

such  employment  present  a  school  record  certificate  as  provided  in 
section  six  hundred  and  thirty  of  this  chapter. 

3.  To  employ  any  child  between  fourteen  and  sixteen  years  of 
age  in  a  city  of  the  first  class  or  a  city  of  the  second  class  who  does 
not,  at  the  time  of  such  employment,  present  an  employment  cer- 
tificate, duly  issued  under  the  provisions  of  the  labor  law. 

§  627.  Employer  must  display  record  certificate 
and  evening  certificate.  The  employer  of  any  child  between 
fourteen  and  sixteen  years  of  age  in  a  city  of  the  first  class  or  a 
city  of  the  second  class  shall  keep  and  shall  display  in  the  place 
where  such  child  is  employed,  the  employment  certificate  and  also 
his  evening  school  certificate  issued  by  the  school  authorities 
of  said  city  or  by  an  authorized  representative  of  such  school 
authoTities,  certifying  that  the  said  boy  is  regularly  in  attendance 
at  an  evening  school  of  said  city  as  provided  in  section  six  hun- 
dred and  thirty-one  of  this  chapter. 

§  628.  Punishment  for  unlaivful  employment  of 
children.  Any  person,  firm,  or  corporation,  or  any  officer, 
manager,  superintendent  or  employee  acting  therefor,  who  shall 
employ  any  child  contrary  to  the  provisions  of  section  six  hun- 
dred and  twenty-six  hereof,  shall  be  guilty  of  a  misdemeanor,  and 
the  punishment  therefor  shall  be  for  the  first  offense  a  fine  of  not 
less  than  twenty  dollars  nor  more  than  fifty  dollars ;  for  a  second, 
and  each  subsequent  offense,  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  two  hundred  dollars. 

§  629.  Teachers  must  keep  record  of  attendance. 
An  accurate  record  of  the  attendance  of  all  children  between  seven 
and  sixteen  years  of  age  shall  be  kept  by  the  teacher  of  every 
school,  showing  each  day  by  the  year,  month,  day  of  the  month 
and  day  of  the  week,  such  attendance,  and  the  number  of  hours 
in  each  day  thereof;  and  each  teacher  upon  whose  instruction 
any  such  child  shall  attend  elsewhere  than  at  school,  shall  keep 
a  like  record  of  such  attendance.  Such  record  shall,  at  all 
times,  be  open  to  the  attendance  officers  or  other  person  duly 
authorized  by  the  school  authorities  of  the  city  or  district,  who 
may  inspect  or  copy  the  same ;  and  every  such  teacher  shall  fully 
answer  all  inquiries  lawfully  made  by  such  authorities,  inspectors, 
or  other  persons,  and  a  willful  neglect  or  refusal  so  to  answer  any 
such  inquiry  shall  be  a  misdemeanor. 

§  630.  School  record  certificate.  1.  A  school  record 
certificate  shall  contain  a  statement  certifying  that  v-   child  has 


EDUCATION-    LAW  135 

regularly  attended  the  public  schools,  or  schools  equivalent  thereto, 
or  parochial  schools,  for  not  less  than  one  hundred  and  thirty  days 
during  the  twelve  months  next  preceding  his  fourteenth  birthday 
or  during  the  twelve  months  next  preceding  his  application  for 
such  school  record,  and  that  he  is  able  to  read  and  write  simple 
sentences  in  the  English  language,  and  has  received  during  such 
period  instruction  in  reading,  writing,  spelling,  English  grammar 
and  geography,  and  is  familiar  with  the  fundamental  operations 
of  arithmetic  up  to  and  including  fractions.  Such  record  shall 
also  give  the  date  of  birth  and  residence  of  the  child  as  shown  on 
the  school  records,  and  the  name  of  the  child's  parents,  guardian 
or  custodian. 

2.  A  teacher  or  superintendent  to  whom  application  shall  be 
made  for  a  school  record  certificate  required  under  the  provisions 
of  the  labor  law  shall  issue  a  school  record  certificate  to  any  child 
who,  after  due  investigation  and  examination,  may  be  found  to  be 
entitled  to  the  same  as  follows : 

a.  In  a  city  of  the  first  class  by  the  principal  or  chief  executive 
of  a  school. 

b.  In  all  other  cities  and  in  school  districts  having  a  population 
of  five  thousand  or  more  and  employing  a  superintendent  of 
schools,  by  the  superintendent  of  schools  only. 

c.  In  all  other  school  districts  by  the  principal  teacher  of  the 
school. 

d.  In  each  city  or  school  district  such  certificate  shall  be  fur- 
nished on  demand  to  a  child  entitled  thereto  or  to  the  board  or 
commissioner  of  health. 

§  631.  Evening  school  certificate.  The  school  author- 
ities of  a  city  of  the  first  class  or  a  city  of  the  second  class,  or 
officers  designated  by  them,  are  hereby  required  to  issue  to  a  boy 
lawfully  in  attendance  at  an  evening  school,  an  evening  school 
certificate  at  least  once  in  each  month  during  the  months  said 
evening  school  is  in  session  and  at  the  close  of  the  term  of  said 
evening  school,  provided  that  said  boy  has  been  in  attendance 
upon  said  evening  school  for  not  less  than  six  hours  each  week  for 
such  number  of  weeks  as  will,  when  taken  in  connection  with  the 
number  of  weeks  such  evening  school  shall  be  in  session  during 
the  remainder  of  the  current  or  calendar  year,  make  up  a  total 
attendance  on  the  part  of  said  boy  in  said  evening  school  of  not 
less  than  six  hours  per  week  for  a  period  of  not  less  than  sixteen 
weeks  or  attendance  upon  a  trade  school  for  at  least  eight  hours 


136  NEW    YORK    STATE    EDUCATIOIS^    DEPARTMENT 

per  week  for  not  less  than  sixteen  weeks.  Sucli  certificate  shall 
state  fully  the  period  of  time  which  the  boy  to  whom  it  is  issued 
was  in  attendance  upon  such  evening  school  or  trade  school. 

§  632.  Attendance  officers.  1.  The  school  authorities 
of  each  city,  union  free  school  district,  or  common  school  dis- 
trict whose  limits  include  in  whole  or  in  part  an  incorporated  vil- 
lage, shall  appoint  and  may  remove  at  pleasure  one  or  more  attend- 
ance officers  of  such  city  or  district,  and  shall  fix  their  compensa- 
tion and  may  prescribe  their  duties  not  inconsistent  with  this  arti- 
cle and  make  rules  and  regulations  for  the  performance  thereof; 
and  the  superintendent  of  schools  shall  supervise  the  enforcement 
of  this  article  within  such  city  or  school  district. 

2.  The  town  board  of  each  town  shall  appoint,  subject  to  the 
written  approval  of  the  school  commissioner  of  the  district,  one  or 
more  attendance  officers,  whose  jurisdiction  shall  extend  over  all 
school  districts  in  said  town,  and  which  are  not  by  this  section 
otherwise  provided  for,  and  shall  fix  their  compensation,  which 
shall  be  a  town  charge ;  and  such  attendance  officers,  appointed  by 
said  board,  shall  be  removable  at  the  pleasure  of  the  school  commis- 
sioner in  whose  commissioner  district  such  town  is  situated. 

§  633.  Arrest  of  truants.  1.  The  attendance  officer 
may  arrest  without  a  warrant  any  child  between  seven  and  sixteen 
years  of  age  who  is  a  truant  from  instruction  upon  which  he  is 
lawfully  required  to  attend  within  the  city  or  district  of  such 
attendance  officer.  He  shall  forthwith  deliver  the  child  so  arrested 
to  a  teacher  from  whom  such  child  is  then  a  truant,  or,  in  case  of 
habitual  and  incorrigible  truants,  shall  bring  them  before  a  police 
magistrate  for  commitment  to  a  truant  school  as  provided  in  sec- 
tion six  hundred  and  thirty-five. 

2.  The  attendance  officer  shall  promptly  report  such  arrest  and 
the  disposition  which  he  makes  of  such  child,  to  the  school  authori- 
ties of  the  said  city  or  district  where  such  child  is  lawfully  re- 
quired to  attend  upon  instruction. 

3.  A  truant  officer  in  the  performance  of  his  duties  may  enter, 
during  business  hours,  any  factory,  mercantile  or  other  establish- 
ment within  the  city  or  school  district  in  which  he  is  appointed 
and  shall  be  entitled  to  examine  employment  certificates  or  regis- 
try of  children  employed  therein  on  demand. 

§  634.  Interference  witli  attendance  officer.  Any 
person  interfering  with  an  attendance  officer  in  the  lawful  dis- 
charge of  his  duties  and  any  person  owning  or  operating  a  factory, 


EDUCATION"    LAW  137 

mercantile  or  other  establishment  who  shall  refuse  on  demand  to 
exhibit  to  such  attendance  officer  the  registry  of  the.  children  em- 
ployed or  the  employment  certificate  of  such  children  shall  be 
guilty  of  a  misdemeanor. 

§  635.  Truant  schools.  1.  The  school  authorities  of  any 
city  or  school  district  may  establish  schools,  or  set  apart  separate 
rooms  in  public  school  buildings,  for  children  between  seven  and 
sixteen  years  of  age,  who  are  habitual  truants  from  instruction 
upon  which  they  are  lawfully  required  to  attend,  or  who  are  in- 
subordinate or  disorderly  during  their  attendance  upon  such  in- 
struction, or  irregular  in  such  attendance.  Such  school  or  room 
shall  be  known  as  a  truant  school;  but  no  person  convicted  of 
crimes  or  misdemeanors,  other  than  truancy,  shall  be  committed 
thereto. 

2.  School  authorities  may  provide  for  the  confinement,  main- 
tenance and  instruction  of  such  truants  in  such  schools ;  and  they, 
or  the  superintendent  of  schools  in  any  city  or  school  district,  may, 
after  reasonable  notice  to  such  child  and  the  persons  in  parental 
relation  to  such  child,  and  an  opportunity  for  them  to  be  heard, 
and  with  the  consent  in  writing  of  the  persons  in  parental  relation 
to  such  child,  order  such  child  to  attend  such  school,  or  to  be  con- 
fined and  maintained  therein,  under  such  rules  and  regulations 
as  such  authorities  may  prescribe,  for  a  period  not  exceeding  two 
years ;  but  in  no  case  shall  a  child  be  so  confined  after  he  is  sixteen 
years  of  age. 

3.  Such  authorities  may  order  such  a  child  to  be  confined  and 
maintained  during  such  period  in  any  private  school,  orphans' 
home  or  similar  institution  controlled  by  persons  of  the  same  re- 
ligious faith  as  the  persons  in  parental  relation  to  such  child,  and 
which  is  willing  and  able  to  receive,  confine  and  maintain  such 
child,  upon  such  terms  as  to  compensation  as  may  be  agreed  upon 
between  such  authorities  and  such  private  school,  orphans'  home 
or  similar  institution. 

4.  If  the  person  in  parental  relation  to  such  child  shall  not 
consent  to  either  of  such  orders  said  person  shall  be  proceeded 
against  in  court  under  section  six  hundred  and  twenty-five  of  this 
chapter  by  the  school  authorities  or  such  officer  as  they  may  desig- 
nate. In  case  the  person  in  parental  relation  to  such  child  estab- 
lishes to  the  satisfaction  of  the  court  that  such  child  is  beyond 
his  control  such  child  shall  be  proceeded  against  as  a  disorderly 
person,   and  upon  conviction  thereof,   if  the   child  was  lawfully 


138  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

required  to  attend  a  public  school,  the  child  shall  be  sentenced 
to  be  confined  and  maintained  in  such  truanc  school  for  a  period 
not  exceeding  two  years;  or  if  such  child  was  lawfully  required 
to  attend  upon  instruction  otherwise  than  at  a  public  school,  the 
child  may  be  sentenced  to  be  confined  and  maintained  for  a 
period  not  exceeding  two  years  in  such  private  school,  orphans' 
home  or  other  similar  institutions,  if  there  be  one,  controlled  by 
persons  of  the  same  religious  faith  as  the  persons  in  parental 
relation  to  such  child,  which  is  willing  and  able  to  receive,  confine 
and  maintain  such  child  for  a  reasonable  compensation.  Such 
confinement  shall  be  conducted  with  a  view  to  the  improvement 
and  to  the  restoration,  as  soon  as  practicable,  of  such  child  to  the 
institution  elsewhere,  upon  which  he  may  be  lawfully  required  to 
attend. 

5.  The  authorities  committing  any  such  child,  and  in  cities  and 
districts  having  a  superintendent  of  schools  such  superintendent 
shall  have  authority,  in  his  discretion,  to  parole  at  any  time  any 
truant  so  committed  by  them. 

6.  Every  child  lawfully  suspended  from  attendance  upon  in- 
struction for  more  than  one  week,  shall  be  required  to  attend  such 
truant  school  during  the  period  of  such  suspension. 

7.  The  school  authorities  of  any  city  or  school  district,  not  hav- 
ing a  truant  school,  may  contract  with  any  other  city  or  district 
having  a  truant  school,  for  the  confinement,  maintenance  and  in- 
struction therein  of  children  whom  such  school  authorities  might 
require  to  attend  a  truant  school,  if  there  were  one  in  their  own 
city  or  district. 

8.  Industrial  training  shall  be  furnished  in  every  such  truant 
school. 

9.  The  expense  attending  the  commitment  and  cost  of  main- 
tenance of  any  truant  residing  in  any  city,  or  district,  employing 
a  superintendent  of  schools  shall  be  a  charge  against  such  city,  or 
district,  and  in  all  other  cases  shall  be  a  county  charge. 

§  636.  Enforcement  of  law  and  witliholding  tlie 
state  moneys  by  commissioner  of  education.  1.  The 
commissioner  of  education  shall  supervise  the  enforcement  of  this 
law'  and  he  may  withhold  one-half  of  all  public  school  moneys 
from  any  city  or  district,  which,  in  his  judgment,  wilfully  omits 
and  refuses  to  enforce  the  provisions  of  this  article,  after  due 
notice,  so  often  and  so  long  as  such  wilful  omission  and  refusal 
shall,  in  his  judgment,  continue. 


EDUCATION"    LAW  139 

2.  If  the  provisions  of  this  article  are  complied  with  at  anv 
time  within  one  year  from  the  date  on  which  s.aid  moneys  were 
withheld,  the  moneys  so  withheld  shall  be  paid  over  by  said  com- 
missioner of  education  to  such  district  or  city,  otherwise  forfeited 
to  the  state. 

ARTICLE  24 

School  Census 

Section  650.  School  census  in  cities  of  the  first  class. 

651.  School  census  in  cities  not  of  the  first  class. 

652.  School  census  in  school  districts. 

653.  Penalty  for  withholding  information. 

654.  Payment  of  expenses. 

§  650.    School  census  in  cities  of  tlie  first  class.      A 

permanent  census  board  is  hereby  established  in  each  city  of  the 
first  class.  Such  board  shall  consist  of  the  mayor,  the  superin- 
tendent of  schools,  the  police  commissioner  or  officer  performing 
duties  similar  to  those  of  a  police  commissioner.  The  mayor  shall 
be  the  chairman  of  such  board.  Such  board  shall  have  power  to 
make  such  rules  and  regulations  as  may  be  necessary  to  carry  out 
the  provisions  of  this  article.  Such  board  shall  have  power  to 
appoint  a  secretary  and  such  clerks  and  other  employees  as  may 
be  necessary  to  carry  out  the  provisions  of  this  article  and  to  fix 
the  salaries  of  the  same.  Such  board  shall  ascertain  through  the 
police  force,  the  residences  and  employments  of  all  persons  be- 
tween the  ages  of  four  and  eighteen  years  residing  within  such 
cities  and  shall  report  thereon  from  time  to  time  to  the  school 
authorities  of  such  cities.  Under  the  regulations  of  such  board 
during  the  month  of  October,  nineteen  hundred  and  nine,  it  shall 
be  the  duty  of  the  police  commissioners  in  the  cities  of  the  first 
class  to  cause  a  census  of  the  children  of  their  respective  cities 
to  be  taken.  Thereafter  such  census  shall  be  amended  from  day 
to  day  by  the  jDolice,  precinct  by  precinct,  as  changes  of  resi- 
dence occur  among  the  children  of  such  cities  within  the  ages 
prescribed  in  this  article  and  as  other  persons  come  within  the 
ages  prescribed  herein  and  as  other  persons  within  such  ages  shall 
become  residents  of  such  cities,  so  that  said  board  shall  always 
have  on  file  a  complete  census  of  the  names  and  residences  of  the 
children  between  such  ages  and  of  the  persons  in  parental  relatioi; 
thereto.     It  shall  be  the  duty  of  persons  in  parental  relation  tr. 


140  j^EW    YOEK    STATE    EDUCATION"    DEPARTMENT 

any  child  residing  within  the  limits  of  said  cities  of  the  first  clas? 
to  report  at  the  police  station  house  of  the  precinct  within  which 
they  severally  reside,  the  following  information: 

1.  Two  weeks  before  any  child  becomes  of  the  compulsory 
school  age,  the  name  of  such  child,  its  residence,  the  name  of  tht 
person  or  persons  in  parental  relation  thereto,  and  the  name  and 
location  of  the  school  to  which  such  child  is  sent  as  a  pupil. 

2.  In  case  a  child  of  compulsory  school  age  is  for  any  cause 
removed  from  one  school  and  sent  to  another  school,  or  sent  tc. 
work  in  accordance  with  the  labor  law,  all  the  facts  in  relation 
thereto. 

3.  In  case  the  residence  of  a  child  is  removed  from  one  police 
precinct  to  another  police  precinct,  the  new  residence  and  the 
other  facts  required  in  the  two  preceding  subdivisions. 

4.  In  case  a  child  between  the  ages  of  four  and  eighteen  be- 
comes a  resident  of  one  of  said  cities  of  the  first  class  for  the  first 
time  the  residence  and  such  other  facts  as  the  census  board  shall 
require.  Such  census  shall  include  all  persons  between  the  age& 
of  four  and  eighteen  years,  the  day  of  the  month  and  the  year 
of  the  birth  of  each  of  such  persons,  their  respective  residences 
by  street  and  number,  the  names  of  their  parents  or  guardians, 
such  information  relating  to  illiteracy  and  to  the  enforcement 
of  the  law  relating  to  child  labor  and  compulsory  education  as 
the  school  authorities  of  the  state  and  of  such  cities  shall  require 
and  also  such  further  information  as  such  authorities  shall  re- 
quire. 

§  651,  School  census  in  cities  not  of  tlie  first  class. 
A  permanent  census  board  may  be  established  in  any  city  not  of 
the  first  class,  in  accordance  with  the  provisions  of  this  article. 
If  a  census  board  shall  not  be  established  in  such  cities,  then, 
during  the  month  of  October,  nineteen  hundred  and  nine,  and  in 
the  month  of  October  every  fourth  year  thereafter,  the  school 
authorities  of  every  city,  not  a  city  of  the  first  class,  shall  take  a 
census  of  the  children  of  their  respective  cities.  Such  census  shall 
include  the  information  required  from  the  cities  of  the  first  class 
as  provided  in  section  six  hundred  and  fifty  of  this  chapter. 

§  652.  School  census  in  school  districts.  The  board 
of  trustees  of  every  school  district  shall  annually  on  the  thirtieth 
day  of  August  cause  a  census  of  all  children  between  the  ages 
of  five  and  eighteen  years  to  be  taken  in  their  respective  school 


EDUCATIO]^    LAW  141 

districts.  Such  census  shall  include  the  information  required 
from  cities  as  provided  in  this  article. 

§  653.    Penalty  for  ivithholding  iiLforxnation.      A 

parent,  guardian  or  other  person  having  under  his  control  or 
charge  a  child  betv^een  the  ages  of  four  and  eighteen  years  who 
withholds  or  refuses  to  give  information  in  his  possession  relating 
to  such  child  and  required  under  this  article,  or  any  such  parent, 
guardian  or  other  person  who  gives  false  information  in  relation 
thereto,  shall  be  liable  to  and  punished  by  fine  not  exceeding 
twenty  dollars  or  by  imprisonment  not  exceeding  thirty  days. 

§  654.  Payment  of  expenses.  The  money  required  for 
the  purpose  of  carrying  this  article  into  effect  shall  be  paid  by  the 
cities  and  school  districts  respectively,  included  in  the  provisions 
of  this  article,  but,  in  cities  in  which  a  permanent  census  board 
as  provided  under  section  six  hundred  and  fifty  of  this  chapter 
is  not  established  and  maintained,  and  in  school  districts,  such 
moneys  shall  be  paid  for  the  services  rendered  in  the  taking  of 
the  school  census  on  the  certificate  of  the  state  commissioner  of 
education  that  such  census  has  been  satisfactorily  taken. 

ARTICLE  25 
Text-Books 

Section  670.  Power  to  designate  text-books. 

671.  Requisites  for  change. 

672.  Penalty  for  violation. 

673.  Free  text-books  in  union  free  school  districts. 

§  670.    Power  to   designate  text-books.      1.    In  the 

several  cities  and  union  free  school  districts  of  the  state,  boards 
of  education  or  such  body  or  officer  as  perform  the  functions  of 
such  boards,  shall  designate  text-books  to  be  used  in  the  schools 
under  their  charge. 

2.  In  the  common  school  districts  in  the  state  the  text-books 
used  in  the  schools  therein  shall  be  designated  at  an  annual 
school  meeting  by  a  two- thirds  vote  of  all  the  legal  voters  present 
and  voting  at  such  school  meeting. 

§  671.  Requisites  for  change.  1.  When  a  text-book 
shall  have  been  designated  for  use  in  a  union  free  school  district 
or  city  as  provided  in  subdivision  one  of  the  preceding  section, 
it  shall  not  be  lawful  to  supersede  such  text-book  by  any  other 


142  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

book  within  a  period  of  five  years  from  the  time  of  such  designa- 
tion except  upon  a  three-fourths  vote  of  the  board  of  education, 
or  of  such  body  or  officer  as  performs  the  function  of  such  board. 

2.  When  a  text-book  shall  have  been  designated  in  any  common 
school  district  as  provided  in  subdivision  two  of  the  preceding  sec- 
tion it  shall  not  be  lawful  to  supersede  such  text-book  except  upon 
a  three-fourths  vote  of  the  legal  voters  present  and  voting  upon 
such  proposition  at  an  annual  meeting  of  such  district. 

§  672.  Penalty  for  violation.  Any  person  violating 
any  of  the  provisions  of  this  article  shall  be  liable  to  a  penalty 
of  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars 
for  every  such  violation,  to  be  sued  for  by  any  taxpayer  of  the 
school  district,  and  recovered  before  any  justice  of  the  peace  and 
when  collected,  to  be  paid  to  the  collector  or  treasurer  for  the 
benefit  of  said  school  district. 

§  673.  Free  text-books  in  union  free  school  dis- 
tricts. 1.  The  qualified  voters  of  any  union  free  school  district 
present  at  any  annual  school  meeting  or  at  any  special  school  meet- 
ing duly  and  legally  called  for  that  purpose,  shall  have  power,  by  a 
majority  vote,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  to  vote  a  tax  for  the  purchase  of  all  text-books  used, 
or  to  be  used,  in  the  schools  of  the  district. 

2.  If  such  tax  shall  be  voted  it  shall  be  the  duty  of  the  board  of 
education  of  such  district,  within  ninety  days  thereafter,  to  pur- 
chase and  furnish  free  text-books  to  all  the  pupils  attending  the 
schools  in  such  district.  Such  board  of  education  shall  have  power 
to  establish  such  rules  and  regulations  concerning  the  use  by  the 
pupils  of  such  text-books,  and  the  care,  preservation  and  custody 
thereof  as  it  shall  deem  necessary. 

ARTICLE  26 
Pliysiolog'y  and  Hyg-iene 

Section  690.  Instruction  regarding  nature  of  alcoholic  drinks. 
691.  Enforcement  of  last  section. 

§  690.  Instruction  regarding  nature  of  alcoholic 
drinks.  1.  The  nature  of  alcoholic  drinks  and  other  narcotics 
and  their  effects  on  the  human  system  shall  be  taught  in  connec- 
tion with  tlie  various  divisions  of  physiology  and  hygiene,   as 


EDUCATION    LAW  143 

thoroughly  as  are  other  branches  in  all  schools  under  state  control, 
or  supported  wholly  or  in  part  by  public  money  of  the  state,  and 
also  in  all  schools  connected  with  reformatory  institutions. 

2.  All  pupils  in  the  above-mentioned  schools  below  the  second 
year  of  the  high  school  and  above  the  third  year  of  school  work 
computing  from  the  beginning  of  the  lowest  primary,  not  kinder- 
garten, year,  or  in  corresponding  classes  of  ungraded  schools,  shall 
be  taught  and  shall  study  this  subject  every  year  with  suitable 
text-books  in  the  hands  of  all  pupils,  for  not  less  than  three 
lessons  a  week  for  ten  or  more  weeks,  or  the  equivalent  of  the 
same  in  each  year,  and  must  pass  satisfactory  tests  in  this  as  in 
other  studies  before  promotion  to  the  next  succeeding  year's  work ; 
except  that,  where  there  are  nine  or  more  school  years  below  the 
high  school,  the  study  may  be  omitted  in  all  years  above  the  eighth 
year  and  below  the  high  school,  by  such  pupils  as  have  passed  the 
required  tests  of  the  eighth  year. 

3.  In  all  schools  above-mentioned,  all  pupils  in  the  lowest  three 
primary,  not  kindergarten,  school  years  or  in  corresponding  classes 
in  ungraded  schools  shall  each  year  be  instructed  in  this  subject 
orally  for  not  less  than  two  lessons  a  week  for  ten  weeks,  or  the 
equivalent  of  the  same  in  each  year,  by  teachers  using  text-books 
adapted  for  such  oral  instruction  as  a  guide  and  standard,  and 
such  pupils  must  pass  such  tests  in  this  as  may  be  required  in 
other  studies  before  promotion  to  the  next  succeeding  year's  work. 
Nothing  in  this  article  shall  be  construed  as  prohibiting  or  requir- 
ing the  teaching  of  this  subject  in  kindergarten  schools. 

4.  The  local  school  authorities  shall  provide  needed  facilities 
and  definite  time  and  place  for  this  branch  in  the  regular  courses 
of  study. 

5.  The  text-books  in  the  pupils'  hands  shall  be  graded  to  the 
capacities  of  fourth  year,  intermediate,  grammar  and  high  school 
pupils,  or  to  corresponding  classes  in  ungraded  schools.  For  stu- 
dents below  high  school  grade,  such  text-books  shall  give  at  least 
one-fifth,  their  space,  and  for  students  of  high  school  grade,  shall 
give  not  less  than  twenty  pages  to  the  nature  and  effects  of  alco- 
holic drinks  and  other  narcotics.  This  subject  must  be  treated  in 
the  text-books  in  connection  with  the  various  divisions  of  physi- 
ology and  hygiene,  and  pages  on  this  subject  in  a  separate  chapter 
at  the  end  of  the  books  shall  not  be  counted  in  determining  the 
minimum.  No  text-book  on  physiology  not  conforming  to  this 
article  shall  be  used  in  the  public  schools. 


144  NEW    YORK    STATE    EDUCATIO]^    DEPARTMENT 

6.  All  regents'  examinations  in  physiology  and  hygiene  shall 
include  a  due  proportion  of  questions  on  the  nature  of  alcoholic 
drinks  and  other  narcotics,  and  their  effects  on  the  human  system. 

§  691.  Enforcement  of  last  section.  1.  In  all  normal 
schools,  teachers'  training  classes  and  teachers'  institutes,  adequate 
time  and  attention  shall  be  given  to  instruction  in  the  best  meth- 
ods of  teaching  this  branch,  and  no  teacher  shall  be  licensed  who 
has  not  passed  a  satisfactory  examination  in  the  subject  and  the 
best  methods  of  teaching  it.  On  satisfactory  evidence  that  any 
teacher  has  wilfully  refused  to  teach  this  subject,  as  provided  in 
this  article,  the  commissioner  of  education  shall  revoke  the  license 
of  such  teacher. 

2.  No  public  money  of  the  state  shall  be  apportioned  by  the 
commissioner  of  education  or  paid  for  the  benefit  of  any  city  until 
the  superintendent  of  schools  therein  shall  have  filed  with  the 
treasurer  or  chamberlain  of  such  city  an  affidavit,  and  with  the 
commissioner  of  education  a  duplicate  of  such  affidavit,  that  he 
has  made  thorough  investigation  as  to  the  facts,  and  that  to  the 
best  of  his  knowledge,  information  and  belief,  all  the  provisions  of 
this  article  have  been  complied  with  in  all  the  schools  under  his 
supervision  in  such  city  during  the  last  preceding  legal  school  year. 

3.  'Not  shall  any  public  money  of  the  state  be  apportioned  by 
the  commissioner  of  education  or  by  school  commissioners,  or 
paid  for  the  benefit  of  any  school  district,  until  the  president  of 
the  board  of  trustees,  or  in  the  case  of  common  school  districts 
the  trustee  or  some  one  member  of  the  board  of  trustees,  shall 
have  filed  with  the  school  commissioner  having  jurisdiction  an 
affidavit  that  he  has  ;nade  thorough  investigation  as  to  the  facts 
and  that  to  the  best  of  his  knowledge,  information  and  belief,  all 
the  provisions  of  this  article  have  been  complied  with  in  such 
district,  which  affidavit  shall  be  included  in  the  trustees'  annual 
report. 

4.  It  shall  be  the  duty  of  every  school  commissioner  to  file  with 
the  commissioner  of  education  an  affidavit  in  connection  with  his 
annual  report,  showing  all  districts  in  his  jurisdiction  that  have 
and  those  that  have  not  complied  with  all  the  provisions  of  this 
article,  according  to  the  best  of  his  knowledge,  information  and 
belief,  based  upon  a  thorough  investigation  by  him  as  to  the  facts. 

5.  !N'or  shall  any  public  money  of  the  state  be  apportioned  or 
paid  for  the  benefit  of  any  teachers'  training  class,  teachers'  in- 
stitute or  other  school  mentioned  herein  until  the  officer  having 


EDUCATION"    LAW  145 

jurisdiction  or  supervision  thereof  shall  have  filed  with  the  com- 
missioner of  education  an  afiidavit  that  he  has  made  thorough  in- 
vestigation as  to  the  facts  and  that  to  the  best  of  his  knowledge, 
information  and  belief,  all  the  provisions  of  this  article  relative 
thereto  have  been  complied  with. 

6.  The  principal  of  each  normal  school  in  the  state  shall  at  the 
close  of  each  school  year  file  with  the  commissioner  of  education 
an  affidavit  that  all  the  provisions  of  this  article  applicable  thereto 
have  been  complied  with  during  the  school  year  just  terminated 
and  until  such  affidavit  shall  be  filed  no  warrant  shall  be  issued 
by  the  commissioner  of  education  for  the  payment  by  the  treas- 
urer of  any  part  of  the  money  appropriated  for  such  school. 

7.  It  shall  be  the  duty  of  the  commissioner  of  education  to 
provide  blank  forms  of  affidavit  required  herein  for  use  by  the 
local  school  officers,  and  he  shall  include  in  his  annual  report  a 
statement  showing  every  school,  city  or  district  which  has  failed 
to  comply  with  all  the  provisions  of  this  article  during  the  pre- 
ceding school  year. 

8.  On  complaint  by  appeal  to  the  commissioner  of  education 
by  any  patron  of  the  schools  mentioned  in  the  last  preceding 
section  or  by  any  citizen  that  any  provision  of  this  article  has  not 
been  complied  with  in  any  city  or  district,  the  commissioner  of 
education  shall  make  immediate  investigation,  and  on  satisfactory 
evidence  of  the  truth  of  such  complaint,  shall  thereupon  and  there- 
after withhold  all  public  money  of  the  state  to  which  such  city 
or  district  would  otherwise  be  entitled,  until  all  the  provisions  of 
this  article  shall  be  complied  with  in  said  city  or  district,  and 
shall  exercise  his  power  of  reclamation  and  deduction  under  sec- 
tion four  hundred  and  ninety-one  of  this  chapter. 

ARTICLE  27 
The  Flag* 

Section  710.  Purchase  and  display  of  flag. 

711.  Kules  and  regulations. 

712.  Commissioner  of  education  shall  prepare  program. 

713.  Military  drill  excluded. 

§  710.  Purchase  and  display  of  flag.  It  shall  be  the 
duty  of  the  school  authorities  of  every  public  school  in  the  several 
cities  and  school  districts  of  the  state  to  purchase  a  United  States 
flag,  flag-staff  and  the  necessary  appliances  therefor,  and  to  dis- 


146  KEW    YORK    STATE    EDUCATIOlSr    DEPARTMENT 

play  sucli  flag  upon  or  near  the  public  school  building  during 
school  hours,  and  at  such  other  times  as  such  school  authorities 
may  direct. 

§  711.  Rules  and  regulations.  The  said  school  author- 
ities shall  establish  rules  and  regulations  for  the  proper  custody, 
care  and  display  of  the  flag,  and  when  the  weather  will  not 
permit  it  to  be  otherwise  displayed,  it  shall  be  placed  conspic- 
uously in  the  principal  room  in  the  school-house. 

§  712.  Commissioner  of  education  shall  prepare 
program.  1.  It  shall  be  the  duty  of  the  commissioner  of  edu- 
cation to  prepare,  for  the  use  of  the  public  schools  of  the  state, 
a  program  providing  for  a  salute  to  the  flag  and  such  other  patri- 
otic exercises  as  may  be  deemed  by  him  to  be  expedient,  under 
such  regulations  and  instructions  as  may  best  meet  the  varied 
requirements  of  the  different  grades  in  such  schools. 

2.  It  shall  also  be  his  duty  to  make  special  provision  for  the 
observance  in  the  public  schools  of  Lincoln's  birthday,  Washing- 
ton's birthday.  Memorial  day  and  Mag  day,  and  such  other  legal 
holidays  of  like  character  as  may  be  hereafter  designated  by  law 
when  the  legislature  makes  an  appropriation  therefor. 

§  713.  Military  drill  excluded.  Nothing  herein  con- 
tained shall  be  construed  to  authorize  military  instruction  or  drill 
in  the  public  schools  during  school  hours. 

ARTICLE  28 
Fire  Drills 

Section  730.  Duty  to  maintain  drills: 

731.  Penalty  for  neglect. 

732.  Duty  to  instruct  teachers. 

733..  ]^ot  applicable  to  colleges  or  universities. 

§  730.  Duty  to  maintain  drills.  It  shall  be  the  duty  of 
the  principal  or  other  person  in  charge  of  every  public  or  private 
school  or  educational  institution  within  the  state,  having  more 
than  one  hundred  pupils,  or  maintained  in  a  building  two  or 
more  stories  high  to  instruct  and  train  the  pupils  by  means  of 
drills,  so  that  they  may  in  a  sudden  emergency  be  able  to  leave 
the  school  building  in  the  shortest  possible  time  and  without  con- 
fusion or  panic.  Such  drills  or  rapid  dismissals  shall  be  held  at 
least  once  in  each  month. 


EDUCATIOJT    LAW  147 

§  731.  Penalty  for  neglect.  :N'eglect  by  any  principal 
or  other  person  in  charge  of  any  public  or  private  school  or 
educational  institution  to  comply  with  the  provisions  of  this 
article  shall  be  a  misdemeanor  punishable  at  the  discretion  of  the 
court  by  fine  not  exceeding  fifty  dollars;  such  fine  to  be  paid  to 
the  pension  fund  of  the  local  fire  departm.ent  where  there  is  such 
a  fund.' 

§  732.  Duty  to  instruct  teachers.  It  shall  be  the  duty 
of  the  board  of  education  or  school  board  or  other  body  having 
control  of  the  schools  in  any  district  or  city  to  cause  a  copy  of  this 
article  to  be  printed  in  the  manual  or  handbook  prepared  for  the 
guidance  of  teachers,  where  such  manual  or  handbook  is  in  use 
or  may  hereafter  come  into  use. 

§  733.  Not  applicable  to  colleges  or  universities. 
The  provisions  of  this  article  shall  not  apply  to  colleges  or  uni- 
versities. 

ARTICLE  29 
Arbor  Day 

Section  750.   Arbor  day. 

751.  Manner  of  observance. 

752.  Prescribed  course  of  exercises. 

§  750.  Arbor  day.  The  Friday  following  the  first  day  of 
May  in  each  year  shall  be  known  as  Arbor  day. 

§  751.  Manner  of  observance.  It  shall  be  the  duty 
of  the  authorities  of  every  public  school  in  this  state  to  assemble 
the  pupils  in  their  charge  on  that  day  in  the  school  building,  or 
elsewhere,  as  they  may  deem  proper,  and  to  provide  for  and  con- 
duct, under  the  general  supervision  of  the  city  superintendent  or 
the  school  commissioner,  or  other  chief  officers  having  the  general 
oversight  of  the  public  schools  in  each  city  or  district,  such  exer- 
cises as  shall  tend  to  encourage  the  planting,  protection  and 
preservation  of  trees  and  shrubs,  and  an  acquaintance  with  the 
best  methods  to  be  adopted  to  accomplish  such  results. 

§  752.  Prescribed  course  of  exercises.  The  commis- 
sioner of  education  may  prescribe  from  time  to  time  a  course  of 
exercises  and  instruction  in  the  subjects  hereinbefore  mentioned, 
which  shall  be  adopted  and  observed  by  the  public  school  authori- 
ties on  Arbor  day.     Upon  receipt  of  copies  of  such  course  suffi- 


148  NEW    YORK    STATE    EDUCATIOIS^    DEPARTMENT 

cient  in  number  to  supply  all  the  schools  under  their  supervision, 
the  school  commissioner  or  city  superintendent  aforesaid  shall 
promptly  provide  each  of  the  schools  under  his  charge  with  a 
copy,  and  cause  it  to  be  observed. 

ARTICLE  30 
Teachers'  Institute 

Section  770.  Duties    of    commissioner    of    education    regarding 
teachers'  institutes. 

771.  Duties  of  school  commissioners. 

772.  Schools  must  be  closed. 

778.  Penalty  for  failure  to  attend  or  to  close  schools. 

774.  Teachers  must  attend;  entitled  to  salaries. 

775.  Payment  of  expenses. 

§  770.  Duties  of  commissioner  of  education  re- 
garding teachers'  institutes.  It  shall  be  the  duty  of  the 
commissioner  of  education: 

1.  To  appoint  a  teachers'  institute  once  in  each  year  in  each 
school  commissioner  district  of  the  state,  for  the  benefit  and 
instruction  of  the  teachers  in  the  public  schools,  and  of  such  as 
intend  to  become  teachers,  with  special  reference  to  the  presenta- 
tion of  subjects  relating  to  the  principles  of  education  and  methods 
of  instruction  in  the  various  branches  of  study  pursued  in  the 
schools.  After  consultation  with  the  school  commissioners,  the 
said  commissioner  of  education  shall  have  power  to  determine  the 
duration  of  each  institute  and  to  designate  the  time  and  place  of 
holding  the  same. 

2.  To  employ  suitable  persons,  at  a  reasonable  compensation,  to 
supervise  and  conduct  the  institutes,  and,  in  his  discretion,  to  pro- 
vide for  such  additional  instruction  as  he  may  deem  advisable  and 
for  the  best  interests  of  the  schools. 

3.  To  appoint  in  his  discretion  an  institute  for  two  or  more 
school  commissioner  districts. 

4.  To  establish  such  regulations  for  the  government  of  insti- 
tutes as  he  may  deem  best ;  and  he  may  establish  such  regulations 
in  regard  to  certificates  of  qualification  or  recommendation  which 
may  be  issued  by  school  commissioners  as  will,  in  his  judgment, 
furnish  incentives  and  encouragement  to  teachers  to  attend  the 
institutes. 


EDUCATION    LAW  149 

5.  To  visit  the  institutes,  or  cause  them  to  be  visited  by  rep- 
resentatives of  the  education  department,  for  the  purpose  of  exam- 
ining into  the  course  and  character  of  instruction  given,  and  of 
rendering  such  assistance  as  he  may  find  expedient. 

§  771.  Duties  of  school  commissioners.  It  shall  be 
the  duty  of  every  school  commissioner,  subject  always  to  the 
advice  and  direction  of  the  commissioner  of  education: 

1.  To  notify  all  teachers,  trustees,  boards  of  education  and 
others  known  to  him  who  may  desire  to  become  teachers  under 
his  jurisdiction,  of  the  time  when  and  the  place  where  the  insti- 
tute will  be  held. 

2.  To  make  all  necessary  arrangements  for  holding  the  institute 
when  appointed;  see  that  a  suitable  room  is  provided;  attend  to 
all  necessary  details  connected  therewith;  assist  the  conductor  in 
organization;  keep  a  record  of  all  teachers  in  attendance  and 
notify  the  trustees  of  the  number  of  days  attended  by  the  teachers 
of  the  various  districts,  which  shall  be  the  basis  of  pay  to  such 
teacher  for  attendance  as  hereafter  provided. 

3.  To  transmit  to  the  commissioner  of  education  at  the  close 
of  each  institute,  in  such  form,  and  within  such  time,  as  such 
commissioner  shall  prescribe,  a  full  report  of  the  institute,  in- 
cluding a  list  of  all  teachers  in  attendance,  the  number  of  days 
attended  by  each  teacher,  with  such  other  information  as  may  be 
required. 

4.  To  present  a  full  statement  of  all  expenses  incurred  by  him 
in  carrying  on  the  institute,  with  vouchers  for  all  expenditures 
made,  accompanying  the  same  by  an  affidavit  of  the  correctness 
of  statements  made  and  of  accounts  presented. 

§  772.  Schools  must  be  closed.  1.  All  schools  in  school 
districts  and  parts  of  school  districts  within  any  school  commis- 
sioner district  wherein  an  institute  is  held,  not  included  within 
the  boundaries  of  an  incorporated  city,  except  as  herein  provided, 
shall  be  closed  during  the  time  such  institute  shall  be  in  session. 

2.  The  closing  of  a  school  within  the  school  commissioner  dis- 
trict wherein  an  institute  shall  be  held,  at  which  a  teacher  has 
attended,  shall  not  work  a  forfeiture  of  the  contract  under  which 
such  teacher  was  employed. 

8.  In  all  districts  having  a  population  of  more  than  five  thou- 
sand, and  employing  a  superintendent  whose  time  is  exclusively 
devoted  to  the  supervision  of  the  schools  therein,  the  schools  may 


150  n:ew  yoek  state  education  department 

be  closed  or  not  at  the  option  of  the  boards  of  education  in  such 
districts. 

§  773.  Penalty  for  failure  to  attend  or  to  close 
schools.  Wilful  failure  on  the  part  of  a  teacher  to  attend  a 
teachers'  institute  as  required,  shall  be  sufficient  cause  for  the 
revocation  of  such  teacher's  license,  and  a  wilful  failure  on  the 
part  of  trustees  to  close  their  schools  during  the  holding  of  an 
institute  as  required,  shall  be  sufficient  cause  for  withholding  the 
public  moneys  to  which  such  districts  would  otherwise  be  entitled. 

§  774.  Teachers  must  attend;  entitled  to  salaries. 
1.  Any  person  under  contract  to  teach  in  a  school  in  any  commis- 
sioner district,  is  required  to  attend  an  institute  if  one  is  held  for 
that  district,  even  though  at  the  time  of  such  institute  the  school 
is  not  in  session,  and  shall  be  entitled  to  receive  full  salary  for 
the  actual  time  in  attendance  at  such  institute. 

2.  The  trustees  of  every  school  district  are  hereby  directed  to 
give  the  teachers  employed  in  their  district  the  whole  of  the  time, 
while  an  institute  for  the  school  commissioner  district  in  which 
their  school  is  located  is  in  session,  for  attendance  thereat  and  shall 
make  no  deduction  whatever  from  the  salaries  of  such  teachers  for 
the  time  so  spent. 

§  775.  Payment  of  expenses.  The  treasurer  shall  pay, 
on  the  warrant  of  the  comptroller,  to  the  order  of  any  one  or 
more  of  the  school  commissioners,  such  sum  of  money  as  the  com- 
missioner of  education  shall  certify  to  be  due  to  them  for  expenses 
in  holding  a  teachers'  institute;  and  upon  the  like  warrant  and 
certificate  shall  pay  to  the  order  of  any  persons  employed  by  the 
commissioner  of  education  as  additional  instructors  to  conduct, 
instruct,  teach  or  supervise  any  such  teachers'  institute. 

ARTICLE  31 
Training*  Classes 

Section  790.  Designation  of  schools  for  classes. 

791.  Regulations  for  classes. 

792.  Instruction  free. 

793.  ^School  commissioners  shall  supervise  and  examine 

classes ;  teachers'  certificates. 

794.  Teachers'  training  schools  or  classes  under  superin- 

tendents of  schools. 

*  So  in  original. 


EDUCATION    LAW  151 

§  790.  Designation  of  schools  for  classes.  The  com- 
missioner of  education  shall  designate  the  academies  and  union 
free  schools  in  which  training  classes  may  be  organized  to  give  in- 
struction in  the  science  and  practice  of  common  school  teaching. 
Such  classes  shall  be  distributed  among  the  academies  and  high 
schools  of  the  several  school  commissioner  districts  of  the  state 
and  consideration  shall  be  given  to  the  number  of  school  districts 
in  each  and  the  location  and  character  of  the  institution  designated. 

§  791.  Regulations  for  classes.  1.  Every  academy 
and  union  school  so  designated  shall  instruct  a  training  class  of 
not  less  than  ten  nor  more  than  twenty-five  scholars,  and  every 
scholar  admitted  to  such  class  shall  continue  under  instruction 
not  less  than  thirty-six  weeks. 

2.  Whenever  it  shall  be  shown  to  the  satisfaction  of  the  com- 
missioner of  education  that  any  pupil  attending  such  classes  has 
been  prevented  from  attending  the  same  for  the  full  term  of  thirty- 
six  weeks,  or  that  for  any  reason  satisfactory  to  such  commis- 
sioner, said  classes  have  not  been  held  for  the  full  term  of  thirty- 
six  weeks  or  have  been  attended  by  less  than  ten  members,  such 
commissioner  may  excuse  such  default  and  allow  to  the  trustees  of 
the  academy  o^  union  free  school  in  which  said  classes  have  been 
instructed  an  equitable  allowance  proportionate  to  the  number  of 
pupils  and  period  of  instruction. 

3.  The  commissioner  shall  prescribe  the  conditions  of  admission 
to  the  classes,  the  course  of  instruction  and  the  rules  and  regula- 
tions under  which  said  instruction  shall  be  given. 

§  792.  Instruction  free.  Instruction  shall  be  free  to 
all  scholars  admitted  to  such  classes,  who  have  continued  in  them 
the  length  of  time  required  by  the  preceding  section. 

§  793.  School  commissioners  shall  supervise  classes. 
Each  class  organized  in  any  academy  or  union  school  under  ap- 
pointment by  the  commissioner  of  education  for  the  instruction  in 
the  science  and  practice  of  common  school  teaching,  shall  be  sub- 
ject to  the  visitation  of  the  school  commissioner  of  the  district  in 
which  such  academy  or  union  school  is  situated ;  and  it  shall  be  the 
duty  of  said  school  commissioner  to  advise  and  assist  the  principals 
of  said  academies  or  union  schools  in  the  organization  and  manage- 
ment of  said  classes. 

§  794.  Teachers'  training  schools  or  classes  under 
superintendents  of  schools.  The  board  of  education  or 
the  public  school  authorities  of  any  city  or  of  any  school  district 


152  IS-EW    YORK    STATE    EDUCATION    DEPARTMENT 

having  a  population  of  five  thousand  or  more  and  employing  a 
superintendent  of  schools,  may  establish,  maintain,  direct  and 
control  one  or  more  schools  or  classes  for  the  professional  instruc- 
tion and  training  of  teachers  ii\  the  principles  of  education  and  in 
the  method  of  instruction  for  not  less  than  two  years. 

ARTICLE  32 
Normal  Schools;  State  Normal  Colleg'e 

Section  810.  JSTormal  schools  continued. 

811.  Local  boards. 

812.  Powers  of  local  boards. 

813.  Bond  of  treasurer. 

814.  Salary  of  secretary  and  treasurer. 

815.  Local  boards  shall  have  management  of  buildings 

and  property. 

816.  Courses  of  study. 

817.  Teachers,  salaries,  et  cetera. 

818.  Commissioner   may   perform    duties    of    defaulting 

local  board. 

819.  Diplomas. 

820.  Requisites  for  admission;  privileges  and  duties  of 

pupils. 

821.  Practice  departments  in  Fredonia  school. 

822.  Special  policemen. 

823.  Village  or  city  may  insure  normal  school  property. 

824.  Expense  of  insurance  a  village  or  city  charge. 

825.  Deposit  of  insurance  moneys  in  bank. 

826.  Acceptance  of  grants  and  bequests  authorized. 

827.  Education  of  Lidian  youth. 

828.  Selection  of  Indian' youth. 

829.  Age  of  youth  and  limit  of  time  for  support. 

830.  Guardians  of  youth. 

831.  Indian  pupils  on  equality  ^vith  others. 

832.  "New  York  state  normal  college. 

833.  Board  of  trustees. 

§  810.  Normal  schools  continued.  The  state  normal 
schools  heretofore  established  at  Brockport,  Buffalo,  Cortland, 
Fredonia,  Geneseo,  'New  Paltz,  Oneonta,  Oswego,  Plattsburgh 
and  Potsdam,  are  continued. 


EDUCATIOIvT    LAW  153 

§  811.  Local  boards.  There  shall  continue  to  be  a  local 
board  of  each  of  said  state  normal  schools,  consisting  of  not  less 
than  three  nor  more  than  thirteen  persons  and  the  members 
thereof  shall  hold  their  offices  until  removed  by  the  concurrent 
action  of  the  chancellor  of  the  university  and  the  commissioner 
of  education.  A  vacancy  in  any  of  said  boards  shall  be  filled  by 
appointment  by  the  commissioner  of  education. 

§  812.  Powers  of  local  boards.  ],  Local  boards  shall 
have  the  immediate  supervision  and  management  of  said  schools, 
subject,  however,  to  the  general  supervision  of  the  commissioner 
of  education  and  to  his  direction  in  all  things  pertaining  to  the 
school.  Said  local  boards  shall  have  power  to  appoint  one  of 
their  number  chairman,  one  secretary  and  another  treasurer  of 
the  board.    The  secretary  may  also  be  treasurer. 

2.  A  majority  of  each  of  said  boards  shall  form  a  quorum  for 
the  transaction  of  business,  and  in  the  absence  of  any  officer  of 
the  board,  another  member  may  be  appointed  pro  tempore  to  fill 
his  place  and  perform  his  duties. 

3.  It  shall  be  the  duty  of  such  board  to  make  and  establish,  and 
from  time  to  time  to  alter  and  amend,  such  rules  and  regulations 
for  the  government  of  such  schools  under  their  charge,  respect- 
ively, as  they  shall  deem  best,  which  shall  be  subject  to  the 
approval  of  the  commissioner  of  education. 

4.  They  shall  also  severally  transmit  through  the  commissioner 
of  education,  and  subject  to  his  approval  and  in  the  form  which 
he  directs,  a  report  to  the  legislature  on  the  first  day  of  January 
in  each  year,  showing  the  condition  of  the  school  under  thei^ 
charge  during  the  year  next  preceding,  including,  especially,  an 
account  in  detail  of  their  receipts  and  expenditures,  which  shall 
be  duly  verified  by  the  oath  or  affirmation  of  their  chairman  and 
secretary. 

§  813.  Bond  of  treasurer.  The  treasurer  shall  give  an 
undertaking  to  the  people  of  the  state  for  the  faithful  perform- 
ance of  his  trust  in  an  amount  fixed  by  the  commissioner  of 
education.  The  undertaking  shall  be  approved  by  said  commis- 
sioner and  filed  in  the  office  of  the  comptroller. 

§  814.  Salary  of  secretary  and  treasurer.  The  secre- 
tary and  the  treasurer  shall  each  be  paid  an  annual  salary  to  be 
fixed  by  the  local  board  with  the  approval  of  the  commissioner  of 
education,  but  the  aggregate  amount  of  such  salaries  shall  not 
exceed  four  hundred  dollars. 


154  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

§  815.  liocal  boards  shall  have  management  of 
buildings  and  property.  The  local  boards  of  managers  of 
the  respective  normal  schools  in  this  state  shall  have  the  custody, 
keeping  and  management  of  the  grounds  and  buildings  provided 
or  used  for  the  purposes  of  such  schools,  respectively,  and  other 
property  of  the  state  pertaining  thereto,  with  power  to  protect, 
preserve  and  improve  the  same. 

§  816.  Courses  of  study.  It  shall  be  the  duty  of  the 
commissioner  of  education  to  prescribe  the  courses  of  study  to  be 
pursued  in  each  of  said  schools. 

§  817.  Teachers,  salaries,  et  cetera.  The  commis- 
sioner of  education  shall  determine  the  number  of  teachers  to  be 
employed  in  each  normal  school  and  the  salary  of  such  teachers. 
The  employment  of  such  teachers  shall  also  be  subject  to  his 
approval. 

§  818.  Commissioner  may  perform  duties  of  de- 
faulting local  board.  During  such  time  as  any  local  board 
shall  fail  or  refuse  to  discharge  any  duty  the  commissioner  of 
education  is  hereby  authorized  to  discharge  such  duty  of  such 
local  boards  or  any  of  their  officers;  and  the  acts  of  said  com- 
missioner of  education  in  the  premise's  shall  be  as  valid  and  bind- 
ing as  if  done  by  a  competent  local  board  or  its  officers,  or  with 
their  co-operation. 

§  819.  Diplomas.  The  commissioner  of  education  shall 
prepare  suitable  diplomas  to  be  granted  to  the  students  of  such 
sghool,  who  shall  have  completed  one  or  more  of  the  courses  of 
study  and  discipline  prescribed,  and  a  diploma  signed  by  him. 
the  chairman  and  secretary  of  the  local  board  and  the  principal 
of  the  school,  shall  be  of  itself  a  certificate  of  qualification  to 
teach  common  schools. 

§  820.  Requisites  for  admission;  privileges  and 
duties  of  pupils.  1.  All  applicants  for  admission  to  a  nor- 
mal school  shall  be  residents  of  this  state,  or,  if  not,  they  shall 
be  admitted  only  upon  the  payment  of  such  tuition  fees  as  shall 
be,  from  time  to  time,  prescribed  by  the  commissioner  of  educa- 
tion. Applicants  shall  present  such  evidences  of  proficiency  or 
be  subject  to  such  examination  as  shall  be  prescribed  by  said 
commissioner. 

2.  A  normal  school  shall  not  receive  into  its  academic  depart- 
ment any  pupil  not  a  resident  of  the  territory,  for  the  benefit  or 
advantage  of  whose  residents  the  state  has  pledged  itself  to  main- 


EDUCATION    LAW  155 

tain  sucli  academic  department  unless  such  pupil  declares  it  to  be 
her  intention  to  remain  in  such  school  to  complete  the  regular 
normal  course. 

3.  All  students  duly  admitted  to  the  normal  department  shall 
be  entitled  to  all  the  privileges  of  the  school,  free  from  all  charges 
for  tuition  or  for  the  use  of  books  or  apparatus,  but  every  pupil 
shall  pay  for  books  lost  by  him,  and  for  any  damage  to  books  in 
his  possession.  Any  pupil  may  be  dismissed  from  the  school 
by  the  local  board  for  immoral  or  disorderly  conduct,  or  for  neglect 
or  inability  to  perform  his  duties. 

§  821.  Practice  departments  in  Fredonia  scliool. 
The  local  board  of  control  of  the  state  normal  school  at  Fredonia 
shall  have  the  same  powers  and  privileges  in  respect  to  practice 
departments  as  boards  of  education,  under  subdivision  three  of 
section  three  hundred  and  ten  and  section  three  hundred  and  seven- 
teen of  this  chapter. 

§  822.  Special  policemen.  For  the  purpose  of  protecting 
and  preserving  such  buildings,  grounds  and  other  property,  and 
preventing  injuries  thereto,  and  preserving  order,  preventing  dis- 
turbances, and  preserving  the  peace  in  such  buildings  and  upon 
such  grounds,  the  local  boards  of  managers  of  each  of  said  normal 
schools  shall  have  power,  by  resolution  or  otherwise,  to  appoint, 
from  time  to  time,  one  or  more  special  policemen,  and  to  remove 
the  same  at  pleasure,  who  shall  be  police  officers,  with  the  same 
powers  as  constables  of  the  town  or  city  where  such  school  is 
located,  whose  duty  it  shall  be  to  preserve  order,  and  prevent  dis- 
turbances and  breaches  of  the  peace  in  and  about  the  buildings, 
and  on  and  about  the  grounds  used  for  said  school,  or  pertaining 
thereto,  and  protect  and  preserve  the  same  from  injury,  and  to 
arrest  any  and  all  persons  making  any  loud  or  unusual  noise, 
causing  any  disturbance,  committing  any  breach  of  the  peace,  or 
misdemeanor  or  any  wilful  trespass  upon  such  grounds,  or  in  or 
upon  said  buildings,  or  any  part  thereof  and  convey  such  person 
or  persons  so  arrested,  with  a  statement  of  the  cause  of  the  arrest, 
before  a  proper  magistrate  to  be  dealt  with  according  to  law. 

§  823.  Village  or  city  may  insure  normal  school 
property.  Each  village  and  city  in  this  state,  wherein  is 
located  a  state  normal  and  training  school,  may  insure  and  keep 
insured,  the  real  and  personal  property  of  such  school  against  loss 
or  damage  by  fire,  when  the  state  refuses  to  insure,  or  keep  ade- 
quately insured,  such  property.     The  insurance  is  to  be  in  the  name 


156  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

of  the  state,  and  in  case  of  loss,  any  moneys  obtained  from  siicli  in- 
surance are  to  be  used  and  disposed  of  the  same  as  if  the  state  had 
effected  such  insurance.  The  amount  of  insurance  to  be  carried  shall 
be  determined  by  the  municipal  authorities  of  such  village  or  city. 

§  824.  Expense  of  insurance  a  village  or  city 
charge.  The  amount  of  money  necessary  to  effect  and  con- 
tinue such  insurance  shall  be  raised  annually  by  such  village  or 
city  at  the  same  time,  and  in  the  same  manner,  as  the  ordinary 
expenses  of  the  village  or  city  are  raised. 

§  825.  Deposit  of  insurance  moneys  in  bank.  Where 
any  loss  or  damage,  against  which  insurance  exists,  occurs  to 
the  real  or  personal  property  of  any  of  the  normal  and  training 
schools  of  the  state,  the  moneys  realized  from  such  insurance 
shall  be  deposited  by  each  company  in  which  such  property  is 
insured  in  a  bank  to  be  designated  by  the  state  comptroller,  sub- 
ject to  the  check  of  the  local  board  of  managers  of  such  school, 
countersigned  by  the  state  comptroller.  Such  moneys  shall  be 
kept  as  a  separate  fund  to  the  credit  of  the  local  board  of  man- 
agers of  such  school,  and  shall  be  immediately  available  to  be 
expended  under  the  direction  of  such  local  board  of  managers, 
subject  to  the  approval  of  the  commissioner  of  education,  to  repair 
or  replace,  wholly  or  partially,  the  real  or  personal  property  so 
damaged  or  destroyed. 

§  826.  Acceptance  of  grants  and  bequests  author- 
ized. The  local  board  of  managers  of  any  state  normal  and 
training  school  of  this  state,  may  accept,  for  the  state,  by  and  with 
the  consent  of  the  commissioner  of  education  the  gift,  grant,  devise 
or  bequest  of  money  or  other  property,  and  ^to  apply  the  same  to 
any  purpose,  not  inconsistent  with  the  general  purposes  of  such 
school,  which  shall  be  prescribed  in  the  instrument  by  which  such 
gift,  grant,  devise  or  bequest  shall  be  made. 

§  827.  Education  of  Indian  youth.  The  state  treas- 
urer shall  pay,  on  the  warrant  of  the  comptroller,  on  bills  ap- 
proved by  the  commissioner  of  education,  from  the  general  fund, 
such  sum  as  may  be  appropriated  for  the  support  and  education  of 
Indian  youth  in  the  state  normal  schools. 

§  828.  Selection  of  Indian  youth.  The  selection  of 
such  youth  shall  be  made  by  the  commissioner  of  education,  from 
the  several  Indian  tribes  located  within  this  state ;  and  in  making 
such  selection  due  regard  shall  be  had  to  a  just  participation  in 

*  So  in  original. 


EDUCATIOIS^    LAW  l57 

the  privileges  of  this  article  by  each  of  the  said  several  tribes, 
and,  if  practicable,  reference  shall  also  be  had  to  the  population 
of  each  of  said  tribes  in  determining  such  selection. 

§  829.   Age  of  youth  and  limit  of  time  for  support. 

Such  youth  shall  not  be  under  sixteen  years  of  age,  nor  shall  any 
of  such  youth  be  supported  or  educated  at  said  normal  schools  for 
a  period  exceeding  three  years. 

§  830.  Guardians  of  youth.  The  local  board  of  each 
normal  school  shall  be  the  guardians  of  such  Indian  youth,  during 
the  period  of  their  connection  with  the  school ;  and  shall  pay  their 
necessary  expenses,  as  provided  in  section  eight  hundred  and 
twenty-seven  of  this  article. 

§  831.  Indian  pupils  on  equality  ivith  others.  The 
Indian  pupils  selected  in  pursuance  of  this  article,  and  attending 
said  normal  schools,  shall  enjoy  the  same  privileges,  of  every  kind, 
as  the  other  pupils  attending  said  schools,  including  the  paymeni 
of  traveling  expenses,  not  exceeding  ten  dollars  to  each  pupil. 

§  832.  New  York  state  normal  college.  1.  The  state 
normal  school  heretofore  established  at  Albany  is  continued  under 
the  name  of  the  !N'ew  York  state  normal  college  and  the  executive 
committee  of  said  college  shall  be  known  as  the  board  of  trustees 
thereof. 

2.  The  said  state  normal  college  shall  be  as  heretofore,  under 
the  supervision,  management  and  government  of  the  commissioner 
of  education  and  the  regents  of  the  university.  The  said  com- 
missioner and  regents  shall  from  time  to  time,  make  all  needful 
rules  and  regulations ;  fix  the  number  and  compensation  of  teachers 
and  others  to  be  employed  therein ;  prescribe  the  examination  and 
the  terms  and  conditions  on  which  pupils  shall  be  received  and 
instructed  therein;  the  number  of  pupils  from  the  respective 
counties  conforming  as  nearly  as  may  be  to  the  ratio  of  population, 
and  provide  in  all  things  for  the  good  government  and  management 
of  the  said  college. 

§  833.  Board  of  trustees.  1.  The  board  of  trustees  hav- 
ing the  care,  management  and  government  of  said  college  shall 
consist  of  five  persons  of  whom  the  commissioner  of  education  shall 
be  one.  Said  commissioner  shall  be  president  ex  officio  of  said 
board.  The  other  members  of  such  board  shall  be  appointed  by 
said  commissioner  subject  to  the  approval  of  the  regents. 

2.  In  addition  to  the  powers  and  duties  named  herein  the  com- 
missioner of  education  and  the  board  of  trustees  of  said  state 


158  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

normal  college  shall  possess  all  the  powers  and  duties  which  the 
said  commissioner  and  the  local  boards  respectively  possess  under 
this  article  in  relation  to  state  normal  schools. 

ARTICLE  33 
Fines,  Penalties,  Forfeitures  and  Costs 

Section  850.  Disposition  of  fines  for  benefit  of  common  schools. 

851.  Report  and  payment  of  fines. 

852.  Disposition  of  fines  for  benefit  of  schools  of  town, 

district  or  city. 

853.  Disposition  of  fine  in  case  of  joint  district. 

854.  Penalty  for  falsely  claiming  to  represent  commis- 

sioner of  education,  regents  or  other  school  officer. 

855.  Forfeiture  of  amount  of  moneys  lost  by  neglect. 

856.  Forfeiture    of    amount    of    penalty    where    suit    is 

neglected. 

857.  'No  costs  to  plaintiffs  in  certain  cases. 

858.  Costs,   expenses   and  damages  a   district  charge  in 

certain  cases. 

859.  Payment  of  costs,  charges  and  expenses  by  vote  of 

district  meeting. 

860.  Appeal  to  county  judge. 

861.  Hearing  before  county  judge. 

862.  Duty  of  trustees  to  carry  out  order. 

§  850.  Disposition  of  fines  for  benefit  of  common 
schools.  Whenever,  by  any  statute,  a  penalty  or  fine  is  imposed 
for  the  benefit  of  common  schools,  and  not  expressly  of  the  common 
schools  of  a  town  or  school  district,  it  shall  be  taken  to  be  for  the 
benefit  of  the  common  schools  of  the  county  within  which  the  con- 
viction is  had;  and  the  fine  or  penalty,  when  paid  or  collected, 
shall  be  paid  forthwith  into  the  county  treasury,  and  the  treasurer 
shall  credit  the  same  as  school  moneys  of  the  county,  unless  the 
county  comprise  a  city  having  a  special  school  act,  in  which  case 
he  shall  report  it  to  the  commissioner  of  education,  who  shall 
apportion  it  upon  the  basis  of  population  by  the  last  census,  be- 
'tween  the  city  and  the  residue  of  the  county,  and  the  portion  be- 
longing to  the  city  shall  be  paid  into  its  treasury. 

§  851.  Report  and  payment  of  fines.  Every  district 
attorney  shall  report,  annually,  to  the  board  of  supervisors,   all 


EDUCATION    LAW  159 

such  fines  and  penalties  imposed  in  any  prosecution  conducted 
by  him  during  the  previous  year;  and  all  moneys  collected  or 
received  by  him  or  by  the  sheriff,  or  any  other  officer,  for  or  on 
account  of  such  fines  or  penalties,  shall  be  immediately  paid  into 
the  county  treasury,  and  the  receipt  of  the  county  treasurer  shall 
be  a  sufficient  and  the  only  voucher  for  such  money. 

§  852.  Disposition  of  fines  for  benefit  of  schools 
of  toivn,  district  or  city.  Whenever  a  fine  or  penalty  is 
inflicted  or  imposed  for  the  benefit  of  the  common  schools  of  a 
town  or  school  district,  the  magistrate,  constable  or  other  officer 
collecting  or  receiving  the  same  shall  forthwith  pay  the  same  to  the 
county  treasurer  of  the  county  in  which  the  schoolhouse  is  located, 
who  shall  credit  the  same  to  the  town  or  district  for  whose  benefit 
it  is  collected.  If  the  fine  or  penalty  be  inflicted  or  imposed  for 
the  benefit  of  the  common  schools  of  a  city  having  a  special  school 
act,  or  of  any  part  or  district  of  a  city,  it  shall  be  paid  into  the  city 
treasury. 

§  853.  Disposition  of  fine  in  case  of  joint  district. 
Whenever  a  penalty  or  fine  is  imposed  upon  any  school  district 
officer  for  a  violation  or  omission  of  official  duty,  or  upon  any 
person  for  any  act  or  omission  within  a  school  district,  or  touch- 
ing property  or  the  peace  and  good  order  of  the  district,  and  such 
penalty  or  fine  is  declared  to  be  for  the  use  or  benefit  of  the 
common  schools  of  the  town  or  of  the  county,  and  such  school 
district  lies  in  two  or  more  towns  or  counties,  the  town  or  county 
intended  by  the  act  shall  be  taken  to  be  the  one  in  which  the 
schoolhouse,  or  the  schoolhouse  longest  owned  or  held  by  the 
district  is  at  the  time  of  such  violation,  act  or  omission. 

§  854.  Penalty  for  falsely  claiming  to  represent 
commissioner  of  education,  regents  or  otlier  school 
officer.  It  shall  be  a  misdemeanor  for  any  employee,  agent  or 
representative  of  a  firm,  company  or  corporation  engaged  in 
selling,  publishing  or  manufacturing  papers,  periodicals,  books, 
maps,  charts,  school  supplies,  apparatus  or  furniture,  or  any 
other  person  engaged  or  employed  in  such  business  to  falsely 
represent  to  a  board  of  trustees  or  board  of  education  of  a  school 
district  or  to  a  teacher  employed  in  a  public  school  in  this  state 
or  to  a  superintendent  of  schools  or  other  school  officer  that  he 
is  an  agent,  employee,  or  representative  of  the  commissioner  of 
education,  the  state  education  department,  the  regents,  or  of  any 
other  school  officer. 


160  NEW    YORK    STATE    EDUCATIOIS"    DEPARTMENT 

§  855.  Forfeiture  of  amount  of  moneys  lost  by 
neglect.  Whenever  the  share  of  school  moneys  or  any  portion 
thereof,  apportioned  to  any  town  or  school  district,  or  any  money 
to  which  a  town  or  school  district  would  have  been  entitled,  shall 
be  lost,  in  consequence  of  any  wilful  neglect  of  official  duty  by 
any  school  commissioner,  town  clerk,  trustees  or  clerks  of  school 
districts,  the  officer  guilty  of  such  neglect  shall  forfeit  to  the 
town,  or  school  district  so  losing  the  same,  the  full  amount  of  such 
loss  with  interest  thereon. 

§  856.  Forfeiture  of  amount  of  penalty  ivliere  suit 
is  neglected.  Where  any  penalty  for  the  benefit  of  a  school 
district,  or  of  the  schools  of  any  school  district,  town,  school 
commissioner  district  or  county,  shall  be  incurred,  and  the  officer, 
whose  duty  it  is  by  law  to  sue  for  the  same,  shall  wilfully  and 
unreasonably  refuse  or  neglect  to  sue  for  the  same,  such  officer 
shall  forfeit  the  amount  of  such  penalty  to  the  same  use,  and  it 
shall  be  the  duty  of  his  successor  in  office  to  sue  for  the  same. 

§  857.  No  costs  to  plaintiffs  in  certain  cases.  1.  In 
any  action  against  school  officers,  including  supervisors  of  towns, 
in  respect  to  their  duties  and  powers  under  this  chapter,  for  any 
act  performed  by  virtue  of  or  under  the  color  of  their  offices,  or 
for  any  refusal  or  omission  to  perform  any  duty  enjoined  by 
law,  and  which  might  have  been  the  subject  of  an  appeal  to  the 
commissioner  of  education,  no  costs  shall  be  allowed  to  the  plain- 
tiff, in  cases  where  the  court  shall  certify  that  it  appeared  on 
the  trial  that  the  defendants  acted  in  good  faith. 

2.  The  provision  of  subdivision  one  of  this  section  shall  not 
extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce 
the  decisions  of  the  commissioner  of  education. 

§  858.  Costs,  expenses  and  damages  a  district 
charge  in  certain  cases.  1.  Whenever  the  trustees  of  any 
school  district,  or  any  school  district  officers,  have  been  or  shall 
be  instructed  by  a  resolution  adopted  at  a  district  meeting  to 
defend  any  action  brought  against  them,  or  to  bring  or  defend  an 
action  or  proceeding  touching  any  district  property  or  claim  of  the 
district,  or  involving  its  rights  or  interests,  or  to  continue  any 
such  action  or  defense,  all  their  costs  and  reasonable  expenses,  as 
well  as  all  costs  and  damages  adjudged  against  them,  shall  be  a 
district  charge  and  shall  be  levied  by  tax  upon  the  district. 

2.  If  the  amount  claimed  by  them  be  disputed  by  a  district 
meeting,  it  shall  be  adjusted  by  the  county  judge  of  any  county 
in  which  the  district  or  any  part  of  it  is  situated. 


EDUCATION    LAW  161 

§  859.  Payment  of  costs,  charges  and  expenses  by 
vote  of  district  meeting.  1.  Whenever  such  trustees  or 
any  school  district  officer  shall  have  brought  or  defended  any 
such  action  or  proceeding,  without  any  such  resolution  of  the  dis- 
trict meeting,  and  after  the  final  determination  of  such  suit  or 
proceeding,  shall  present  to  any  regular  meeting  of  the  inhabi- 
tants of  the  district,  an  account,  in  writing,  of  all  costs,  charges 
and  expenses  paid  by  him  or  them,  with  the  items  thereof,  and 
verified  by  his  or  their  oath  or  affirmation,  and  a  majority  of  the 
voters  at  such  meeting  shall  so  direct,  it  shall  be  the  duty  of  the 
trustees  to  cause  the  same  to  be  assessed  upon  and  collected  of 
the  taxable  property  of  said  district,  in  the  same  manner  as  other 
taxes  are  by  law  assessed  and  collected;  and,  when  so  collected, 
the  same  shall  be  paid  over,  by  an  order  upon  the  collector  or 
treasurer  to  the  officers  entitled  to  receive  the  same. 

2.  The  provision  of  subdivision  one  of  this  section  shall  not 
extend  to  suits  for  penalties,  nor  to  suits  or  proceedings  to  en- 
force the  decisions  of  the  commissioner  of  education. 

§  860.  Appeal  to  county  judge.  1.  Whenever  any 
officer  mentioned  in  section  eight  hundred  and  fifty-nine  shall 
have  complied  with  the  provisions  of  such  section  and  the  meet- 
ing shall  have  refused  to  direct  the  trustees  to  levy  a  tax  for 
the  payment  of  the  costs,  charges  and  expenses  claimed  by  him, 
such  officer  shall  immediately  give  notice  to  such  meeting  that 
he  will  appeal  to  the  county  judge  of  the  county  in  which  such 
district  is  located  from  the  refusal  of  said  meeting  to  vote  a  tax 
for  the  payment  of  such  claim. 

2.  Within  ten  days  after  the  refusal  of  the  meeting  to  allow 
such  claim  such  officer  shall  serve  upon  the  clerk  of  the  district 
or,  if  there  be  no  district  clerk,  upon  the  town  clerk  of  the  town 
an  itemized  statement  of  his  claim,  duly  verified,  together  with  a 
written  notice  that  on  a  certain  day  named  therein  such  officer 
will  present  such  claim  to  the  county  judge  for  settlement. 

3.  The  clerk  upon  whom  such  notice  and  claim  are  served  shall 
file  the  same  in  his  office  and  such  notice  and  claim  shall  be  sub- 
ject to  the  inspection  of  any  of  the  inhabitants  of  the  school 
district. 

4.  The  meeting  at  which  notice  of  the  intention  of  such  officer 
to  appeal  to  the  county  judge  is  given  or  any  subsequent  district 
meeting,  duly  called,  may  appoint  one  or  more  of  the  legal  voters 
of  such  district  or  authorize  the  trustee  to  employ  counsel  to 

6 


162  2TEW   YORK    STATE   EDUCATION    DEPAETMENT 

appear  before  the  county  judge  at  the  time  fixed  for  a  hearing 
on  such  claim  and  protect  the  rights  of  the  district  upon  such 
settlement.  The  expenses  incurred  in  the  performance  of  this 
duty  shall  be  a  charge  upon  the  district  and  the  trustees  upon  a 
presentation  of  the  account  of  such  exjDenses  with  proper  vouchers 
therefor  shall  pay  the  same  from  any  available  funds  in  the 
district  or  include  the  necessary  amount  in  a  tax-list  to  be  levied 
upon  the  district. 

5.  A  refusal  of  the  trustees  to  levy  such  tax  for  the  payment  of 
such  expenses  shall  be  subject  to  an  appeal  to  the  commissioner 
of  education. 

§  861.  Hearing  before  county  judge.  1.  Upon  the 
appearance  of  the  parties,  or  upon  due  proof  of  service  of  the 
notice  and  copy  of  the  account,  the  county  judge  shall  examine 
into  the  matter  and  hear  the  proofs  and  allegations  presented  by 
,the  parties,  and  decide  by  order  whether  or  not  the  account,  or  any 
and  what  portion  thereof,  ought  justly  to  be  charged  upon  the  dis- 
trict, with  costs  and  disbursements  to  such  officer. 

2.  Such  costs  and  disbursements  shall  not  exceed  the  sum  of 
thirty  dollars,  and  the  decision  of  the  county  judge  shall  be  final; 
but  no  portion  of  such  account  shall  be  so  ordered  to  be  paid  which 
shall  appear  to  such  judge  to  have  arisen  from  the  wilful  neglect 
or  misconduct  of  the  claimant.  The  account  with  the  oath  of  the 
party  claiming  the  same  shall  be  prima  facie  evidence  of  the  cor- 
rectness thereof.  The  county  judge  may  adjourn  the  hearing  from 
time  to  time,  as  justice  shall  seem  to  require. 

§  862.  Duty  of  trustees  to  carry  out  order.  It  shall 
be  the  duty  of  the  trustees  of  any  school  district,  within  thirty 
days  after  service  upon  them  or  upon  the  district  clerk  of  a  copy 
of  an  order  of  the  county  judge  and  notice  thereof  to  them  or  any 
two  of  them,  to  cause  the  same  to  be  entered  at  length  in  the  book 
of  record  of  said  district,  and  to  raise  the  amount  thereby  directed 
to  be  paid,  by  a  tax  upon  the  district,  to  be  by  them  assessed  and 
levied  in  the  same  manner  as  a  tax  voted  by  the  district. 

ARTICLE  34 

Appeals    or   Petitions   to    Commissioner    of 

Education 

Section  880.  Appeals  or  petitions  to  commissioner  of  education 
and  other  proceedings. 


EDUCATION    LAW  163 

Section   881.  Powers  of  commissioner  upon  appeals  *of  petitions, 
et  cetera. 
882.  Filed  papers  and  copies  thereof. 

§  880.  Appeals  or  petitions  to  commissioiier  of 
education  and  other  proceedings.  Any  person  conceiv- 
ing himself  aggrieved  may  appeal  or  petition  to  the  commissioner 
of  education  who  is  hereby  authorized  and  required  to  examine 
and  decide  the  same ;  and  the  commissioner  of  education  may  also 
institute  such  proceedings  as  are  authorized  under  this  act  and 
his  decision  in  such  appeals,  petitions  or  proceedings  shall  be 
final  and  conclusive,  and  not  subject  to  question  or  review  in  any 
place  or  court  whatever.  Such  appeal  or  petition  may  be  made  in 
consequence  of  any  action: 

1.  By  any  school  district  meeting; 

2.  By  any  school  commissioner  and  other  officers,  in  forming  or 
altering,  or  refusing  to  form  or  alter,  any  school  district,  or  in 
refusing  to  apportion  any  school  moneys  to  any  such  district  or 
part  of  a  district ; 

3.  By  a  supervisor  in  refusing  to  pay  any  such  moneys  to  any 
such  district; 

4.  By  the  trustees  of  any  district  in  paying  or  refusing  to  pay 
any  teacher,  or  in  refusing  to  admit  any  scholar  gratuitously  into 
any  school  or  on  any  other  matter  upon  which  they  may  or  do 
officially  act. 

5.  By  any  trustees  of  any  school  library  concerning  such  library, 
or  the  books  therein,  or  the  use  of  such  books ; 

6.  By  any  district  meeting  in  relation  to  the  library  or  any 
other  matter  pertaining  to  the  affairs  of  the  district. 

7.  By  any  other  official  act  or  decision  of  any  officer,  school 
authorities,  or  meetings  concerning  any  other  matter  under  this 
chapter,  or  any  other  act  pertaining  to  common  schools. 

§  881.  "PoweTs  of  commissioner  upon  appeals  or 
petitions,  et  cetera.  The  commissioner,  in  reference  to  such 
appeals,  petitions  or  proceedings,  shall  have  power: 

1.  To  regulate  the  practice  therein. 

2.  To  determine  whether  an  appeal  shall  stay  proceedings,  and 
prescribe  conditions  upon  which  it  shall  or  shall  not  so  operate. 

3.  To  decline  to  entertain  or  to  dismiss  an  appeal,  when  it  shall 
appear  that  the  appellant  has  no  interest  in  the  matter  appealed 

^  *  So  in  original. 


164  NEW   YOBK    STATE    EDUCATION    DEPARTMENT 

from,  and  that  the  matter  is  not  a  matter  of  public  concern,  and 
that  the  person  injuriously  affected  by  the  act  or  decision  appealed 
from  is  incompetent  to  appeal. 

4.  To  make  all  orders,  by  directing  the  levying  of  taxes  or  other- 
wise, which  may,  in  his  judgment,  be  proper  or  necessary  to  give 
effect  to  his  decision. 

§  882.  Filed  papers  and  copies  thereof.  The  com- 
missioner shall  file,  arrange  in  the  order  of  time,  and  keep  in 
his  office,  so  that  they  may  be  at  all  times  accessible,  all  the  pro- 
ceedings on  every  appeal  or  petition  to  him  under  this  article,  in- 
cluding his  decision  and  orders  founded  thereon ;  and  copies  of  all 
such  papers  and  proceedings,  authenticated  by  him  under  his  seal 
of  office,  shall  be  evidence  equally  with  the  originals. 

ARTICLE  35 
Orplian  Schools 

Section  900.  Schools  of  orphan  asylums. 

901.  Eules  subject  to  supervision  of  school  authorities.. 

902.  Annual  reports. 

§  900.  Schools  of  orphan  asylums.  The  schools  of  the 
several  incorporated  orphan  asylum  societies  in  this  state,  other 
than  those  in  the  city  of  New  York,  shall  participate  in  the  distri- 
bution of  the  school  moneys,  in  the  same  manner  and  to  the  same 
extent,  in  proportion  to  the  number  of  children  educated  therein, 
as  the  common  schools  in  their  respective  cities  or  districts.  The 
schools  of  said  societies  shall  be  subject  to  the  rales  and  regula- 
tions of  the  common  schools  in  such  cities  or  districts,  but  shall 
remain  under  the  immediate  management  and  direction  of  the 
said  soeieties  as  heretofore. 

§  901.  Rules  subject  to  supervision  of  school  au- 
thorities. Every  such  asylum  may  make  all  laws,  rules  and 
regulations  relatives  to  the  education  and  discipline  of  their  in- 
mates, as  a  majority  of  the  trustees  thereof  at  their  annual  meet- 
ings shall  think  fit  and  proper;  but  such  laws,  rules  and  regula- 
tions shall  not  be  repugnant  to  the  laws  of  this  state  in  its  policy 
in  reference  to  public  and  primary  instruction,  and  shall  be  sub- 
ject at  all  times  to  the  inspection  and  supervision  of  the  several 
educational  officers  of  the  different  villages,  towns  or  cities  in 
which  such  orphan  asylums  may  be  located. 


EDUCATION    LAW  165 

§  902.  Annual  reports.  An  annual  report  shall  be  made 
and  sworn  to  bj  the  presiding  officer  of  any  such  asylum,  stating 
the  number  of  inmates  thereof,  the  time  spent  by  them  in  pur- 
suing studies  therein,  in  what  studies  they  shall  have  been  in- 
structed, and  the  manner  in  which  the  public  funds  distributed  to 
it  shall  have  been  expended,  which  shall  be  filed  with  the  commis- 
sioner of  education. 

ARTICLE  36 
Schools  for  Colored  Children 

Section  920.  'No  exclusion  on  account  of  race  or  color. 

921.  Provision  for  separate  schools. 

922.  Only  qualified  teachers  shall  be  employed. 

§  920.    No  exclusion  on  account  of  race  or  color. 

No  person  shall  be  refused  admission  into  or  be  excluded  from 
any  public  school  in  the  state  of  New  York  on  account  of  race 
or  color. 

§  921.  Provision  for  separate  schools.  The  trustees 
of  any  union  school  district,  or  of  any  school  district  organized 
under  a  special  act,  may,  when  the  inhabitants  of  any  district 
shall  so  determine,  by  resolution,  at  any  annual  meeting,  or  at  a 
special  meeting  called  for  that  purpose,  establish  separate  schools 
for  the  instruction  of  colored  children  resident  therein,  and  such 
school  shall  be  supported  in  the  same  manner  and  receive  the  same 
care,  and  be  furnished  with  the  same  facilities  for  instruction, 
as  the  white  schools  therein. 

§  922.  Only  qualified  teachers  shall  be  employed. 
No  person  shall  be  employed  to  teach  any  of  such  schools  who 
shall  not,  at  the  time  of  such  employment,  be  legally  qualified. 

ARTICLE  37 
Indian  Schools 

Section  940.  Duties  of  commissioner  regarding  Indian  children. 

941.  Co-operation  of  Indians  shall  be  sought. 

942.  Rights  of  Indians  and  of  state  shall  be  guarded. 

943.  Indian  children  not  entitled  to  free  tuition  in  pub- 

lic schools. 

944.  Employment  of  teachers,  et  cetera. 


166  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

Section  945.  Required  attendance  upon  instruction. 

946.  Duties  of  persons  in  parental  relation  to   Indian 

children. 

947.  Penalty  for  failure  to  send  children  to  school. 

948.  Persons  employing  Indian  children  unlawfully  to 

be  fined. 

949.  Teachers'  record  of  attendance. 

950.  Attendance  officers. 

951.  Arrest  of  truants. 

952.  Commissioner  of  education  to  contract  for  keeping 

of  truants. 

953.  Enumeration. 

954.  Payment  of  services  herein  required. 

§  940.  Duties  of  commissioner  regarding  Indian 
cHildren.  The  commissioner  of  education  shall  establish  schools 
in  such  places  and  maintain  such  courses  of  instruction  therein 
for  the  education  of  the  Indian  children  of  the  state  as  he  shall 
deem  necessary.  He  shall  have  general  supervision  of  such  edu- 
cation and  shall  cause  to  be  erected  where  necessary  convenient 
and  suitable  school  buildings  for  the  accommodation  of  all  the 
Indian  children  of  the  state.  He  shall  also  enforce  the  statutes 
relating  to  the  education  of  the  Indians  and  pay  from  the  funds 
set  apart  for  Indian  education  any  necessary  expense  incurred 
thereby. 

§  941.  Co-operation  of  Indians  shall  be  sought.  In 
the  discharge  of  the  duties  imposed  by  this  article,  the  said  com- 
missioner shall  endeavor  to  secure  the  co-operation  of  all  the 
several  bands  of  Indians,  and  for  this  purpose,  shall  visit,  by 
himself  or  his  authorized  representative,  all  the  reservations  where 
they  reside,  lay  the  matter  before  them  in  public  assembly,  invit- 
ing them  to  assist  either  by  appropriating  their  public  moneys  to 
this  object,  or  by  setting  apart  lands  and  erecting  suitable  build- 
ings, or  by  furnishing  labor  or  materials  for  such  buildings,  or 
in  any  other  way  which  he  or  they  may  suggest  as  most  effectual 
for  the  promotion  of  this  object. 

§  942.  Rights  of  Indians  and  of  state  shall  be 
guarded.  In  any  contract  which  may  be  entered  into  with 
said  Indians,  for  the  use  or  occupancy  of  any  land  for  school 
grounds,  sites  or  buildings,  care  shall  be  taken  to  protect  the  title 
of  the  Indians  to  their  lands,  and  to  reserve  to  the  state  the  right 


EDUCATION-    LAW  167 

to  remove  or  otherwise  dispose  of  all  improvements  made  at  the 
expense  of  the  state. 

§  943.  Indian  children  not  entitled  to  free  tuition 
in  public  schools.  Indian  children  residing  on  a  reservation 
are  not  entitled  to  free  tuition  in  districts  outside  the  reservation 
but  may  be  received  into  the  schools  of  such  districts  on  the  ap- 
proval of  the  trustees  thereof  and  the  commissioner  of  education. 

§  944.  Employment  of  teachers,  et  cetera.  The  com- 
missioner of  education  shall  employ  all  necessary  teachers,  truant 
officers  and  other  assistants  and  employees  and  fix  their  salaries 
as  shall  be  necessary  for  the  proper  enforcement  of  the  statutes 
relating  io  Indian  education. 

§  945.  Required  attendance  upon  instruction.  1. 
Every  Indian  child  between  six  and  sixteen  years  of  age,  in 
proper  physical  and  mental  condition  to  attend  school,  shall  regu- 
larly attend  upon  instruction  at  a  school  in  which  at  least  the 
common  school  branches  of  reading,  spelling,  writing,  arithmetic, 
English  grammar  and  geography  are  taught  in  English,  or  upon 
equivalent  instruction  by  a  competent  teacher  elsewhere  than  at 
such  school  as  follows :  Every  Indian  child  between  fourteen  and 
sixteen  years  of  age  not  regularly  and  lawfully  engaged  in  any 
useful  employment  or  service,  and  every  such  child  between  six 
and  fourteen  years  of  age,  shall  so  attend  upon  instruction  as 
many  days  annually  during  the  period  between  the  first  days  of 
September  and  the  following  July  as  a  public  school  of  the  com- 
munity or  district  of  the  reservation,  in  which  such  child  resides, 
shall  be  in  session  during  the  same  period. 

2.  If  any  such  child  shall  so  attend  upon  instruction  elsewhere 
than  at  the  public  school,  such  instruction  shall  be  at  least  equiva- 
lent to  the  instruction  given  to  Indian  children  of  like  age  at  a 
school  of  the  community  or  district  in  which  such  child  shall  re- 
side; and  such  attendance  shall  be  for  at  least  as  many  hours  of 
each  day  thereof,  as  are  required  of  children  of  like  age  at  public 
schools  and  no  greater  total  amount  of  holidays  and  vacations 
shall  be  deducted  from  such  attendance  during  the  period  such 
attendance  is  required  than  is  allowed  in  public  schools  for  chil- 
dren of  like  age.  Occasional  absences  from  such  attendance,  not 
amounting  to  irregular  attendance  in  a  fair  meaning  of  the  term, 
shall  be  allowed  upon  such  excuses  only  as  would  be  allowed  in 
like  cases  by  the  general  rules  and  practices  of  public  schools. 


168  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  946.  Duties  of  persons  in  parental  relation  to 
Indian  children.  Any  person  in  parental  relation  to  an 
Indian  child  between  six  and  sixteen  years  of  age  in  proper 
physical  and  mental  condition  to  attend  school,  shall  cause  such 
child  to  attend  upon  instruction  as  provided  in  this  article. 

§  947.  Penalty  for  failure  to  send  children  to 
school.  A  violation  of  this  section  shall  be  a  misdemeanor, 
punishable  for  the  first  offense  by  a  fine  not  exceeding  five  dollars 
or  by  imprisonment  not  exceeding  ten  days,  and  for  each  subse- 
quent offense,  by  a  fine  not  exceeding  twenty-five  dollars,  or  by 
imprisonment  not  exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment.  Courts  of  special  sessions  shall,  subject  to  re- 
moval, as  provided  in  section  fifty-seven  and  fifty-eight  of  the 
code  of  criminal  procedure,  have  exclusive  jurisdiction  in  the  first 
instance  to  hear,  try  and  determine  charges  of  violation  of  this 
section  within  their  respective  jurisdictions. 

§  948.  Persons  employing  Indian  children  unlaw- 
fully to  be  fined.  A  person,  firm,  association  or  corporation 
shall  not  employ  any  Indian  child  residing  on  any  Indian  reser- 
vation between  six  and  fourteen  years  of  age,  in  any  business 
or  service  whatever,  during  any  part  of  the  term  during  which 
the  school  in  the  community  or  district  in  which  such  child  re- 
sides is  in  session,  or  shall  not  employ  any  Indian  child  residing 
on  any  reservation  between  fourteen  and  sixteen  years  of  age, 
who  does  not,  at  the  time  of  such  employment  present  a  consent 
in  writing  signed  by  the  principal  teacher  of  the  reservation  to 
the  effect  that  such  child  may  be  employed,  and  specifying  the 
nature  of  the  service  and  the  duration  of  such  service  or  employ- 
ment. Any  person,  firm,  association  or  corporation  who  shall 
employ  any  Indian  child  contrary  to  the  provisions  of  this  section 
shall  for  each  offense  forfeit  and  pay  to  the  principal  teacher  of 
the  reservation  a  penalty  of  twenty-five  dollars,  the  same,  when 
paid,  to  be  used  for  the  support  and  maintenance  of  the  schools 
on  said  reservation.. 

§  949.  Teachers'  record  of  attendance.  An  accurate 
record  of  attendance  of  all  Indian  children  between  six  and 
sixteen  years  of  age  shall  be  kept  by  the  teacher  of  every  Indian 
school,  showing  each  day,  by  the  year,  month,  day  of  the  month 
and  day  of  the  week,  such  attendance,  and  the  number  of  hours 
in  each  day  thereof;   and  each  teacher  upon  whose  instruction 


EDUCATION    LAW  169 

such  Indian  child  shall  attend  elsewhere  than  at  the  school  in  the 
community  or  district  of  the  reservation  where  he  resides,  shall 
keep  a  like  record  of  such  attendance.  Such  records  shall  at  all 
times  be  open  to  the  principal  teacher  of  the  reservation  and  its 
attendance  officers  who  may  inspect  and  copy  the  same  and  any 
teacher  shall  answer  all  lawful  inquiries  made  by  them.  A  wilful 
neglect  or  refusal  to  keep  such  a  record  or  answer  such  inquiries 
shall  be  a  misdemeanor. 

§  950.  Attendance  officers.  The  principal  teacher  of  the 
Indian  schools  on  each  reservation  shall  supervise  the  enforce- 
ment of  this  article  within  said  reservation  and  shall  appoint 
subject  to  the  approval  of  the  commissioner  of  education  and  re- 
move at  pleasure  such  number  of  attendance  officers  as  the  com- 
missioner of  education  shall  deem  necessary,  whose  jurisdictions 
shall  extend  over  all  school  districts  on  the  reservation  for  which 
they  shall  be  appointed.  And  said  principal  teachers  are  also 
vested  with  the  same  power  and  authority  as  the  attendance 
officers  appointed  by  them. 

§  951.  Arrest  of  truants.  Any  attendance  officer  may 
arrest  without  warrant  anywhere  within  the  state,  any  Indian 
child  between  six  and  sixteen  years  of  age,  found  away  from  his 
home  and  who  is  then  a  truant  from  instruction  upon  which  he 
is  lawfully  required  to  attend  within  the  districts  of  which  such 
attendance  officer  has  jurisdiction.  He  shall  forthwith  deliver  a 
child  so  arrested  either  to  the  person  in  parental  relation  to  the 
child,  or  to  the  teacher  of  the  school  from  which  said  child  is 
then  a  truant,  or  in  case  of  habitual  or  incorrigible  truants,  shall 
bring  them  before  a  magistrate  for  commitment  to  a  truant  school, 
as  provided  in  the  next  section. 

§  952.  Commissioner  of  education  to  contract  for 
keeping  of  truants.  The  commissioner  of  education  may 
contract  with  any  city  or  district  having  a  truant  school,  for  the 
confinement,  maintenance  and  instruction  therein  of  any  child 
who  shall  be  committed  to  such  school  as  a  truant  by  any  magis- 
trate before  whom  such  child  shall  have  been  examined  upon  the 
charge  of  truancy.  The  costs  and  expenses  attending  the  support 
and  maintenance  of  any  truant,  as  herein  provided,  shall  be 
audited  by  the  commissioner  of  education  and  paid  in  the  same 
manner  as  the  expenses  of  supporting  and  maintaining  the  schools 
on  said  reservation  are  paid. 


170  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  953.  Enumeration.  The  commissioner  of  education 
shall  cause  to  be  taken  a  complete  enumeration  of  the  Indian  in- 
habitants on  said  reservation;  such  enumeration  to  be  taken 
between  the  first  day  of  May  and  the  first  day  of  August  which 
shall  be  tabulated  showing  the  name  and  age  of  each  Indian  per- 
son on  said  reservations  and  in  what  school  district  each  of  such 
persons  resides.  The  commissioner  of  education  may  require  any 
of  the  teachers  employed  in  the  schools  on  such  Indian  reservations 
or  other  persons  to  take  such  enumeration. 

§  954.  Payment  of  services  herein  required.  Each 
of  the  attendance  officers  herein  provided  for  shall  receive  such 
sum  per  day  as  shall  be  fixed  by  the  commissioner  of  education 
for  each  day  necessarily  employed  in  enforcing  this  article;  and 
each  person  employed  in  taking  and  tabulating  the  census  of  the 
residents  of  said  reservations,  shall  be  entitled  to  receive  such 
compensation  as  the  commissioner  of  education  shall  allow.  The 
compensation  of  truant  officers  and  the  expense  in  taking  the 
enumeration  herein  provided  for  shall  be  auditec"  by  the  commis- 
sioner of  education  and  paid  in  the  same  manner  as  other  accounts 
for  the  support  and  maintenance  of  the  schools  on  said  reservations 
are  now  paid. 

ARTICLE  38 

Instruction  of  Deaf-Mutes  and  of  the  Blind 

Section  970.  Duties  of  commissioner  of  education. 

971.  Persons  eligible   as   pupils   to   institutions   for   in- 

struction of  the  deaf  and  dumb. 

972.  Persons  eligible  as  pupils  to  institutions  for  instruc- 

tion of  the  blind. 

973.  Support  and  term  of  instruction  of  state  pupils. 

974.  Regulations  for  admission. 

975.  Clothing  for  state  pupils. 

976.  Employment  of  reader  for  blind  students. 

977.  Indigent  deaf-mute  children. 

978.  Deaf-mute  children  improperly  cared  for. 

979.  Maintenance  of  children. 

980.  Payment  of  expenses  of  tuition  and  maintenance. 

§  970.   Duties  of  commissioner  of  education.    All  the 

institutions  for  the  instruction  of  the  deaf  and  dumb,  and  blind, 
and  all  other  similar  institutions,  incorporated  under  the  laws  of 


EDUCATION    LAW  17 1 

the  state,  or  that  maj  be  hereafter  incorporated,  shall  be  subject 
to  the  visitation  of  the  commissioner  of  education,  and  it  shall  be 
his  duty: 

1.  To  inquire  into  the  organization  of  the  several  schools  and 
the  method  of  instruction  employed  therein. 
>    2.  To  prescribe  courses  of  study  and  methods  of  instruction  that 
will  meet  the  requirements  of  the  state  for  the  education  of  state 
pupils. 

3.  To  make  appointments  of  pupils  to  the  several  schools,  to 
transfer  such  pupils  from  one  school  to  another  as  circumstances 
may  require;  to  cancel  appointments  for  sufficient  reason. 

4.  To  ascertain  by  a  comparison  with  other  similar  institu- 
tions, whether  any  improvements  in  instruction  and  discipline  can 
be  made ;  and  for  that  purpose  to  appoint  from  time  to  time,  suit- 
able persons  to  visit  the  schools. 

5.  To  suggest  to  the  directors  of  such  institutions  and  to  the 
legislature  such  improvements  as  he  shall  judge  expedient. 

6.  To  make  an  annual  report  to  the  legislature  on  all  the 
matters  before  enumerated,  and  particularly  as  to  the  condition  of 
the  schools,  the  improvement  of  the  pupils,  and  their  treatment  in 
respect  to  board  and  lodging. 

§  971.  Persons  eligible  as  pupils  to  institutions 
for  instruction  of  the  deaf  and  dumb.  All  deaf  and 
dumb  persons  resident  in  this  state  and  upwards  of  twelve  years 
of  age,  who  shall  have  been  resident  in  this  state  for  one  year  im- 
mediately preceding  the  application,  or,  if  a  minor,  whose  parent 
or  parents,  or,  if  an  orphan,  whose  nearest  friend  shall  have  been 
resident  in  this  state  for  one  year  immediately  preceding  the  ap- 
plication, shall  be  eligible  to  appointment  as  state  pupils  in  one  of 
the  deaf  and  dumb  institutions  of  this  state,  authorized  by  law  to 
receive  such  pupils. 

§  972.  Persons  eligible  as  pupils  to  institutions 
for  instruction  of  the  blind.  All  blind  persons  of  suit- 
able age  and  possessing  the  other  qualifications  prescribed  for 
deaf  and  dumb  state  pupils  under  section  nine  hundred  and  twenty- 
one  shall  be  eligible  to  appointment  to  the  institutions  for  the 
blind  in  the  city  of  'New  York,  or  in  the  village  of  Batavia,  as 
follows : 

1.  All  such  as  are  residents  of  the  counties  of  New  York, 
Kings,  Queens,  Suffolk,  l^assau,  Richmond,  Westchester,  Putnam 
and  Rockland,  shall  be  sent  to  the  institution  for  the  blind  in  the 
city  of  New  York. 


172  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

2.  All  sucli  who  reside  in  other  counties  of  the  state  shall  be 
sent  to  the  institution  for  the  blind  in  the  village  of  Batavia. 

3.  All  such  appointments,  with  the  exception  of  those  to  the 
institution  for  the  blind  in  the  village  of  Batavia,  shall  be  made 
hj  the  commissioner  of  education  upon  application,  and  in  those 
cases  in  which,  in  his  opinion,  the  parents  or  guardians  of  the  ap- 
plicants are  able  to  bear  a  portion  of  the  expense,  he  may  impose 
conditions  whereby  some  proportionate  share  of  expense  of  educat- 
ing and  clothing  such  pupils  shall  be  paid  by  their  parents,  guard- 
ians or  friends,  in  such  manner  and  at  such  times  as  the  commis- 
sioner shall  designate,  which  conditions  he  may  modify  from  time 
to  time,  if  he  shall  deem  it  expedient  to  do  so. 

§  973.  Support  and  term  of  instruction  of  state 
pupils.  1.  Each  pupil  so  received  into  any  of  the  institutions 
aforesaid  shall  be  provided  with  board,  lodging  and  tuition;  and 
the  directors  of  the  institution  shall  receive  an  annual  appro- 
priation for  each  pupil  so  provided  for,  in  quarterly  payments,  to 
be  paid  by  the  treasurer  of  the  state,  on  the  warrant  of  the  comp- 
troller, to  the  treasurer  of  said  institution,  on  his  presenting  a  bill 
showing  the  actual  time  and  number  of  such  pupils  attending  the 
institution,  which  bill  shall  be  signed  by  the  president  and  secre- 
tary of  the  institution,  and  verified  by  their  oaths. 

2.  The  regular  term  of  instruction  for  such  pupils  shall  be  five 
years;  but  the  commissioner  of  education  may,  in  his  discretion, 
extend  the  term  of  any  pupil  for  a  period  not  exceeding  three 
years.  The  pupils  provided  for  in  this  section  and  sections  nine 
hundred  and  seventy-one  and  nine  hundred  and  seventy-two  of 
this  article  shall  be  designated  state  pupils;  and  all  the  existing 
provisions  of  law  applicable  to  state  pupils  now  in  said  institu- 
tions shall  apply  to  pupils  herein  provided  for. 

§  974.  Regulations  for  admission.  The  commissioner 
of  education  may  make  such  regulations  and  give  such  directions 
to  parents  and  guardians,  in  relation  to  the  admission  of  pupils 
into  either  of  the  above-named  institutions,  as  will  prevent  pupils 
entering  the  same  at  irregular  periods. 

§  975.  Clothing  for  state  pupils.  1.  The  supervisors  of 
any  county  in  this  state  from  which  county  state  pupils  may  be 
hereafter  appointed  to  any  institution  for  the  instruction  of  the 
deaf  and  dumb,  whose  parents  or  guardians  are  unable  to  furnish 
them  with  suitable  clothing,  are  hereby  authorized  and  required 
to  raise  in  each  year  for  each  such  pupil  from  said  county,  the 
sum  of  thirty  dollars. 


EDUCATION    LAW  173 

2.  The  supervisors  of  any  county  in  this  state  from  which  state 
pupils  shall  be  sent  to  and  received  in  the  New  York  institution 
for  the  blind,  whose  parents  or  guardians  shall,  in  the  opinion  of 
the  commissioner  of  education,  be  unable  to  furnish  them  with 
suitable  clothing  are  hereby  authorized  and  directed,  in  every  year 
while  such  pupils  are  in  said  institution,  to  raise  and  appropriate 
thirty  dollars  for  each  of  said  pupils,  and  to  pay  the  sum  so  raised 
to  the  said  institution,  to  be  by  it  applied  to  furnishing  such 
pupils  with  suitable  clothing  while  in  said  institution. 

3.  If  in  any  case  all  or  any  of  said  moneys  are  not  expended 
before  the  expiration  of  the  periods  of  appointment  of  such  pupils, 
then  the  unexpended  residue  shall  go  into  the  general  clothing 
fund  of  the  said  institution,  to  be  by  it  devoted  to  furnishing 
state  pupils  with  suitable  clothing. 

4.  If  said  sums  shall  not  be  paid  to  the  said  institution  within 
six  months  after  the  annual  meeting  of  the  supervisors  of  any  of 
said  counties,  the  sums  so  unpaid  shall  bear  interest  at  the  rate  of 
seven  per  centum  per  annum,  from  the  expiration  of  said  six 
months  until  the  same  be  paid. 

5.  The  supervisors  of  any  county  in  this  state  from  whose 
pauper  institutions  pupils  shall  be  sent  to  the  said  institution  for 
the  blind,  shall  raise,  appropriate  and  pay  to  the  order  of  the 
comptroller  of  the  state,  towards  the  expense  of  educating  and 
clothing  such  pupils,  a  sum  equal  to  that  which  the  county  would 
have  to  pay  to  support  the  pupils  as  paupers  at  home.  This  sub- 
division does  not  apply  to  the  counties  of  "New  York,  Kings, 
Queens,  iN'assau  and  Suffolk. 

6.  The  supervisors,  or  officers  corresponding  thereto,  of  the 
counties  of  New  York,  Kings,  Queens,  Nassau  and  Suffolk,  from 
which  state  pupils  shall  be  sent  to  and  received  in  the  New  York 
institution  for  the  blind,  whose  parents  or  guardians  shall,  in  the 
opinion  of  the  commissioner  of  education,  be  unable  to  furnish 
them  with  suitable  clothing,  are  hereby  authorized  and  directed, 
in  every  year  while  such  pupils  are  in  said  institution,  to  raise 
and  appropriate  fifty  dollars  for  each  of  said  pupils  from  said  coun- 
ties, respectively,  and  to  pay  the  sum  so  raised  to  the  said  institu- 
tion, to  be  by  it  applied  to  furnishing  such  pupils  with  suitable 
clothing  while  in  said  institution. 

7.  If  in  any  year  hereafter  there  shall  be  any  surplus  of  the 
amount  above  required  to  be  paid  yearly  by  the  said  counties  for 
clothing  for  pupils  from  said  counties,  respectively,  then  such 


1Y4:  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

surplus  shall  be  deducted  pro  rata  tlie  ensuing  year  from  the 

amount  above  required  to  be  paid  by  the  said  counties  respectively. 

§  976.    Employment  of  reader  for  blind  students. 

1.  Whenever  a  blind  person,  who  is  a  citizen  of  this  state  and  a 
pupil  in  actual  attendance  at  a  college,  university,  technical  or 
professional  school  located  in  this  state  and  authorized  by  law  to 
grant  degrees,  other  than  an  institution  established  for  the  regular 
instruction  of  the  blind,  shall  be  designated  by  the  trustees  thereof 
as  a  fit  person  to  receive  the  aid  hereinafter  provided  for,  there 
shall  be  paid  by  the  state  for  the  use  of  such  pupil  the  sum  of 
three  hundred  dollars  per  annum  with  which  to  employ  persons 
to  read  to  such  pupil  from  text-books  and  pamphlets  used  by  such 
pupil  in  his  studies  at  such  college,  university  or  school. 

2.  Such  moneys  shall  be  paid  annually,  after  the  beginning  of 
the  school  year  of  such  institution,  by  the  treasurer  of  the  state  on 
the  warrant  of  the  comptroller,  to  the  treasurer  of  such  institu- 
tion, on  his  presenting  an  account  showing  the  actual  number  of 
blind  pupils  matriculated  and  attending  the  institution,  which 
account  shall  be  verified  by  the  president  of  the  institution  and 
accompanied  by  his  certificate  that  the  trustees  have  recommended 
the  pupils  named  in  said  account  as  hereinbefore  provided. 

3.  The  trustees  of  any  of  the  said  institutions  shall  recommend 
no  blind  person,  who  is  not  regularly  matriculated,  and  who  is  not 
in  good  and  regular  standing,  and  who  is  not  working  for  a  degree 
from  the  institution  in  which  he  is  matriculated;  and  no  blind 
person  shall  be  recommended,  who  is  not  doing  the  work  regularly 
prescribed  by  the  institution  for  the  degree  for  which  he  is  a  can- 
didate. The  moneys  so  paid  to  any  such  institution  shall  be  dis- 
bursed for  the  purposes  aforesaid  by  and  under  the  direction  of  its 
board  of  trustees. 

§  977.  Indigent  deaf-mute  children.  Whenever  a 
deaf-mute  child  under  the  age  of  twelve  years  shall  become  a 
charge  for  its  maintenance  on  any  of  the  towns  or  counties  of  this 
state,  or  shall  be  liable  to  become  such  charge,  it  shall  be  the  duty 
of  the  overseers  of  the  poor  of  such  town  or  of  the  board  of  super- 
visors of  such  county  to  place  such  child  in  one  of  the  institutions 
enumerated  in  the  next  section. 

§  978.  Deaf-mute  children  improperly  cared  for. 
Upon  the  application  of  any  parent,  guardian  or  friend  of  a  deaf- 
mute  child,  within  this  state,  over  the  age  of  five  years  and  under 
the  age  of  twelve  years,  the  overseer  of  the  poor  or  the  supervisor 


EDUCATION    LAW  175 

of  the  town  where  such  child  may  be,  shall  place  such  child  in  one 
of  the  institutions  authorized  by  the  laws  of  eighteen  hundred  and 
ninety-two,  chapter  thirty-six,  to  receive  such  pupils,  as 
follows : 

1.  The  l^ew  York  institution  for  the  deaf  and  dumb ;  or, 

2.  The  institution  for  the  improved  instruction  of  deaf- 
mutes;  or, 

3.  The  Le  Couteulx  Saint  Mary's  institution  for  the  improved 
instruction  of  deaf-mutes  in  the  city  of  Buffalo ;  or, 

4.  The  Central  N'ew  York  institution  for  deaf-mutes  in  the  city 
of  Rome;  or, 

6.  The  Albany  home  school  for  the  oral  instruction  of  the  deaf 
at  Albany;  or, 

6.  To  any  other  institution  in  the  state  for  the  education  of 
deaf-mutes  as  to  which  the  state  board  of  charities  shall  have 
filed  with  the  commissioner  of  education  a  certificate  to  the  effect 
that  said  institution  has  been  duly  organized  and  is  prepared  for 
the  reception  and  instruction  of  such  pupils. 

§  979.  Maintenance  of  children.  The  children  placed 
in  said  institutions,  in  pursuance  of  the  last  two  sections,  shall 
be  maintained  therein  at  the  expense  of  the  county  from  whence 
they  came,  provided  that  such  expense  shall  not  exceed  three  hun- 
dred and  twenty-five  dollars  each  per  year,  until  they  attain  the 
age  of  twelve  years,  unless  the  directors  of  the  institution  to  which 
a  child  has  been  sent  shall  find  that  such  child  is  not  a  proper 
subject  to  remain  in  said  institution.  [Thus  amended  hy  L,  1910, 
ch.  322,  in  ejfect  May  18,  1910.] 

§  980.  Payment  of  expenses  of  tuition  and  main- 
tenance. The  expenses  for  the  board,  tuition  and  clothing  for 
such  deaf-mute  children,  placed  as  aforesaid  in  said  institutions, 
not  exceeding  the  amount  of  three  hundred  and  twenty-five  dollars 
per  year,  above  allowed,  shall  be  raised  and  collected  as  are  other 
expenses  of  the  county  from  which  such  children  shall  be  received  ; 
and  the  bills  therefor,  properly  authenticated  by  the  principal  or 
one  of  the  officers  of  the  institution,  shall  be  paid  to  said  institu- 
tion by  the  said  county ;  and  its  county  treasurer  or  chamberlain, 
as  the  case  may  be,  is  hereby  directed  to  pay  the  same  on  presen- 
tation, so  that  the  amount  thereof  may  be  borne  by  the  proper 
county.  [Thus  amended  hy  L.  1910,  ch.  322,  m  effect  May 
18,  1910.] 


176  NEW    YORK    STATE    EDUCATION"    DEPARTMENT 

ARTICLE  39 
New  York  State  School  for  tlie  Blind 

Section     990.  Change  of  name. 

991.  Requisites  for  admission. 

992.  Applicants  from  without  the  state. 

993.  Applications  for  admission. 

994.  Object  of  institution. 

995.  Appointment  and  terms  of  trustees. 

996.  Filling  vacancies. 

997.  Trustees  entitled  to  mileage;  disabilities. 

998.  General  powers  of  trustees. 

999.  Officers,  committees  and  seal. 

1000.  Secretary. 

1001.  Treasurer's  duties  and  bond. 

1002.  Appointment   of   superintendent,    instructors   and 

assistants. 

1003.  Purchase  of  equipment. 

1004.  Duty  to  provide  clothing  and  pay  traveling  ex- 

penses. 

1005.  Charges  against  county. 

1006.  Accounts  against  counties  and  payment  thereof. 

1007.  Reimbursement  of  counties. 

1008.  Entitled  to  publications  and  may  receive  bequests 

and  donations. 

1009.  Records  and  annual  reports. 

1010.  Payments  by  state  treasurer. 

1011.  Drafts  upon  state  treasury. 

1012.  Consent  of  trustees  to  construction  of  sewers. 

§  990.  Change  of  name.  The  New  York  state  institution 
for  the  blind  as  the  same  was  authorized  to  be  established  by  chap- 
ter five  hundred  and  eighty-seven  of  the  laws  of  eighteen  hundred 
and  sixty-five  and  the  acts  supplemental  thereto  and  renamed  the 
"  'New  York  state  school  for  the  blind  "  by  laws  of  eighteen  hun- 
dred and  ninety-five,  chapter  five  hundred  sixty-three,  shall  con- 
tinue to  be  known  and  designated  as  the  ^^  New  York  state  school 
for  the  blind." 

§  991.  Requisites  for  admission.  All  blind  persons  of 
suitable  age  and  capacity  for  instruction,  who  are  legal  residents  of 
the  state,  shall  be  entitled  to  the  privileges  of  the  New  York  state 


EDTJCATION   LAW  177 

school  for  the  blind,  without  charge,  and  for  such  a  period  of  time 
in  each  individual  case  as  may  be  deemed  expedient  by  the  board 
of  trustees  of  said  school;  provided,  that  whenever  more  persons 
apply  for  admission  at  one  time  than  can  be  properly  accommo- 
dated in  the  school,  the  trustees  shall  so  apportion  the  number  re- 
ceived, but  each  county  may  be  represented  in  the  ratio  of  its  blind 
population  to  the  total  blind  population  of  the  state ;  and  provided 
further,  that  the  children  of  citizens  who  died  in  the  United  States 
service,  or  from  wounds  received  therein  during  the  late  rebellion, 
shall  take  precedence  over  all  others. 

§  992.  Applicants  from  ivithout  the  state.  Blind 
persons  from  without  the  state  may  be  received  into  the  school 
upon  the  payment  of  an  adequate  sum,  fixed  by  the  trustees,  for 
their  boarding  and  instruction;  provided  that  such  applicant  shall 
in  no  case  exclude  those  from  the  state  of  ITew  York. 

§  993.  Applications  for  admission.  Applications  for 
admission  into  the  school  shall  be  made  to  the  board  of  trustees  in 
such  manner  as  they  may  direct,  but  the  board  shall  require  such 
application  to  be  accompanied  by  a  certificate  from  the  county 
judge  or  county  clerk  of  the  county  or  the  supervisor  or  town  clerk 
of  the  town,  or  the  mayor  of  the  city  where  the  applicant  resides, 
setting  forth  that  the  applicant  is  a  legal  resident  of  the  town, 
county  and  state  claimed  as  his  residence. 

§  994.  Object  of  institution.  The  primary  object  of  the 
school  shall  be,  to  furnish  to  the  blind  children  of  the  state  the  best 
known  facilities  for  acquiring  a  thorough  education,  and  train 
them  in  some  useful  profession  or  manual  art,  by  means  of  which 
they  may  be  enabled  to  contribute  to  their  own  support  after  leav- 
ing the  school ;  but  it  may  likewise,  through  its  industrial  depart- 
ment, provide  such  of  them  with  appropriate  employment  and 
boarding  accommodations  as  find  themselves  unable,  after  com- 
pleting their  course  of  instruction  and  training,  to  procure  these 
elsewhere  for  themselves.  It  shall,  however,  be  in  no  sense  an  asy- 
lum for  those  who  are  helpless  from  age,  infirmity  or  otherwise^ 
or  a  hospital  for  the  treatment  of  blindness. 

§  995.  Appointment  and  terms  of  trustees.  The 
governor  shall  continue,  each  alternate  year,  to  appoint,  by  and 
with  the  consent  of  the  senate,  three  trustees  who  shall  serve  for  a 
term  of  six  years.  Two  of  the  board  must  be  residents  of  the 
county  of  Genesee,  and  a  majority  must  be  resident's  within  fifty 
miles  of  said  school. 


178  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  996.  Filling  vacancies.  In  case  of  the  declination  of 
any  member  of  said  board  of  trustees  to  act  under  his  appoint- 
ment, or  of  the  occurrence  of  any  other  casual  vacancy  in  the 
board,  the  governor  shall  forthwith  appoint  some  suitable  person 
to  fill  such  vacancy,  and  the  member  so  appointed  shall  serve  out 
the  term  of  his  predecessor. 

§  997.  Trustees  entitled  to  mileage;  disabilities. 
The  trustees  shall  receive  no  compensation  as  such,  but  they  may 
allow  themselves  mileage,  at  the  same  rate  as  that  paid  to  mem- 
bers of  the  legislature,  for  any  distance  actually  traveled  in  the 
service  of  the  school.  ]^or  shall  any  trustee  be  pecuniarily  in- 
terested in  any  contract  for  buildings  pertaining  to  the  school,  or 
in  furnishing  supplies  therefor. 

§  998.  General  powers  of  trustees.  The  board  of  trus- 
tees shall  have  charge  of  all  the  affairs  of  the  school,  with  power 
to  make  all  necessary  by-laws  and  regulations  for  their  govern- 
ment and  the  proper  management  of  the  school,  as  well  as  for  the 
admission  of  pupils,  and  to  do  all  else  which  may  be  found  neces- 
sary for  the  advancement  of  its  humane  design. 

§  999.  Officers,  committees  and  seal.  They  shall  elect 
from  their  own  number  a  president  and  treasurer,  together  with 
such  standing  committees  as  they  may  deem  necessary,  and  adopt 
a  common  seal  for  the  school. 

§  1000.  Secretary.  The  board  of  trustees  may  elect  a 
secretary,  who  shall  serve  during  the  pleasure  of  the  board,  and 
who  shall  not  be  a  member  thereof,  and  may  fill  any  vacancy  in  the 
said  office  as  often  as  the  same  shall  occur,  and  may  prescribe  his 
duties  and  fix  his  compensation. 

§  1001.  Treasurer's  duties  and  bond.  1.  The  treas- 
urer shall  have  the  custody  of  all  the  funds  of  the  school,  and  pay 
out  the  same  only  upon  properly  authenticated  orders  of  the  board 
or  executive  committee. 

2.  Before  entering  upon  the  duties  of  his  office,  he  shall  execute 
and  file  in  the  office  of  the  comptroller,  a  bond  with  such  sureties 
and  in  such  amount  of  penalty  as  the  comptroller  shall  require  and 
approve,  conditioned  for  the  faithful  discharge  of  his  duties  as 
such  treasurer. 

§  1002.  Appointment  of  superintendent,  instruct- 
ors and  assistants.  The  trustees  shall  have  power  to  appoint 
a  competent  and  experienced  superintendent,  who  shall  be  the 
chief  executive  officer  of  the  school,  together  with  an  efficient  corps 


EDUCATIOlSr    LAW  1Y9 

of  instructors  and  other  subordinate  officers;  prescribe  the  duties 
and  terms  of  service  of  the  same;  fix  and  pay  their  salaries,  and 
for  just  cause,  remove  any  or  all  of  them  from  office.  They  shall 
likewise  employ  the  requisite  number  of  servants  and  other  as- 
sistants in  the  various  departments  of  the  school  and  pay  the  wages 
of  the  same. 

§  1003.  Purchase  of  equipment.  They  shall  purchase 
all  furniture,  apparatus  and  other  supplies  necessary  to  the  equip- 
ment and  carrying  on  of  the  school  in  the  most  efficient 
manner. 

§  1004.  Duty  to  provide  clothing  and  pay  traveling 
expenses.  1.  When  any  blind  person  shall,  upon  proper  appli- 
cation, be  admitted  into  the  school,  it  shall  be  the  duty  of  his 
parents,  guardians  or  other  friends,  to  suitably  provide  such  per- 
son with  clothing  at  the  time  of  entrance  and  during  continuance 
therein,  and  likewise  to  defray  his  traveling  expenses  to  and  from 
the  school,  at  the  time  of  entrance  and  discharge,  as  well  as  at  the 
beginning  and  close  of  each  session  of  the  school,  and  at  any  other 
time  when  it  shall  become  necessary  to  send  such  person  home  on 
account  of  sickness  or  other  exigency. 

2.  Whenever  it  shall  be  deemed  ^necesary  by  the  trustees  to 
have  such  person  permanently  removed  from  the  school,  in  accord- 
ance with  the  by-laws  and  regulations  thereof,  the  same  shall  be 
promptly  removed  upon  their  order,  by  his  parents,  guardians 
or  other  friends. 

§  1005.  Charges  against  county.  1,  If  the  friends  of 
any  pupil  from  within  the  state  of  'New  York  shall  fail  through 
neglect  or  inability  to  provide  the  same  with  proper  clothing  or 
with  funds  to  defray  his  necessary  traveling  expenses  to  and  from 
the  school,  or  to  remove  him  therefrom,  as  required  in  the  preced- 
ing section,  the  trustees  shall  furnish  such  clothing,  pay  such  travel- 
ing expenses,  or  remove  such  pupil  to  the  care  of  the  overseers 
of  the  poor  of  his  township,  and  charge  the  cost  of  the  same  to 
the  county  to  which  the  pupil  belongs,  provided  that  the  annual 
amount  of  such  expenditures  on  account  of  any  one  pupil  shall 
not  exceed  the  sum  of  sixty  dollars. 

2.  And  in  case  of  the  death  of  any  pupil  at  the  school,  whose 
remains  shall  not  be  removed  or  funeral  expenses  borne  by  the 
friends  thereof,  the  trustees  shall  defray  the  necessary  burial  ex- 
penses, and  charge  the  same  to  his  county  as  aforesaid. 

*  So  in  original. 


180  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

3.  Upon  the  completion  of  their  course  of  training  in  the  indus- 
trial department,  the  trustees  may  furnish  to  such  worthy  poor 
pupils  as  may  need  it,  an  outfit  of  machinery  and  tools  for  com- 
mencing business,  at  a  cost  not  exceeding  seventy-five  dollars  each, 
and  charge  the  same  to  the  proper  county  as  aforesaid. 

§  1006.  Accounts  against  counties  and  payment 
thereof.  On  the  first  day  of  October  in  each  year,  the  trustees 
shall  cause  to  be  made  out  against  the  respective  counties  con- 
cerned, itemized  accounts,  separate  in  each  case,  of  the  expendi- 
tures authorized  by  the  preceding  section,  and  forward  the  same 
to  the  board  of  supervisors  chargeable  with  the  account.  The  board 
shall  thereupon  direct  the  county  treasurer  to  pay  the  amount 
so  charged  to  the  treasurer  of  the  school  for  the  blind,  on  or  before 
the  first  day  of  March  next  ensuing. 

§  1007.  Reimbursement  of  counties.  The  counties 
against  which  the  said  accounts  shall  be  made  out  as  aforesaid, 
shall  cause  their  respective  treasurers,  in  the  name  of  their  re- 
spective counties,  to  collect  the  same,  by  legal  process,  if  necessary, 
from  the  parents  or  estates  of  the  pupils  who  have  the  ability  to 
pay,  on  whose  account  the  said  expenditures  shall  have  been  made ; 
provided  that  at  least  five  hundred  dollars'  value  of  the  property 
of  such  parents  or  estate  shall  be  exempt  from  the  payment  of  the 
accounts  aforesaid. 

§  1008.  Entitled  to  publications  and  may  receive 
bequests  and  donations.  The  school  shall  be  entitled  to 
receive  copies  of  all  books  and  other  publications  which  are  dis- 
tributed gratuitously  by  the  state  to  township  or  county  libraries, 
common  schools,  academies,  colleges  and  societies.  It  may  also 
receive  in  the  name  of  the  state,  bequests  or  donations  of  money  or 
any  kind  of  property,  but  such  money  or  property  shall,  in  all 
cases,  belong  to  the  state,  and  be  subject  to  its  control;  provided 
that  the  same  shall  not  be  diverted  from  the  particular  object  for 
which  it  shall  be  bequeathed  or  donated.. 

§  1009.  Records  and  annual  reports.  The  board  of 
trustees  shall  keep  full  and  complete  records  of  their  proceedings, 
and  make  an  annual  report  of  the  same  to  the  legislature,  at  the 
commencement  of  the  regular  session  thereof,  strictly  accounting 
In  detail  for  their  expenditures,  on  account  of  the  school,  during 
^he  preceding  fiscal  year  of  the  state,  setting  forth  the  progress 
and  condition  of  the  several  departments  of  the  school,  making 
such  suggestions  concerning  its  future  management  as  they  may 


EDUCATIOlSr   LAW  181 

deem  essential,  and  submitting  proper  estimates  of  the  funds 
needed  for  its  support,  as  well  as  for  building  and  all  other 
purposes. 

§  1010.  Payments  by  state  treasurer.  The  state  treas- 
urer is  hereby  directed  to  pay  over  to  the  board  of  trustees,  upon 
the  warrant  of  the  comptroller,  all  moneys  which  shall  hereafter 
be  appropriated  on  account  of  the  l^ew  York  state  school  for  the 
blind;  the  general  appropriations  for  the  current  support  of  the 
school,  to  be  paid  in  equal  quarterly  installments,  and  specific  ap- 
propriations for  building  and  other  purposes,  to  be  paid  when 
needed  by  the  trustees. 

§  1011.  Drafts  upon  state  treasury.  All  drafts  upon 
the  state  treasury  on  behalf  of  the  school  shall  be  based  upon  orders 
of  the  board  of  trustees,  signed  by  the  president  and  secretary  of 
the  same,  and  attested  by  the  common  seal  of  the  school 

§  1012.  *  Consent  of  trustees  to  construction  of  sew- 
ers. The  board  of  trustees  of  the  New  York  State  School  for  the 
Blind  shall  have  power  and  authority  to  grant  to  the  village  of 
Batavia  a  license  to  lay,  construct  and  maintain  as  a  part  of  the 
general  sewer  system  of  such  village,  a  sewer  or  sewers  in,  through, 
under  and  along  the  lands  of  such  school  in  the  village  of  Ba- 
tavia, upon  such  conditions  as  such  board  may  prescribe.  [Thus 
amended  by  L.  1910,  ch,  53.] 

ARTICLE  40 
Cornell  University- 
Section  1030.  Cornell  university  continued. 

1031.  Trustees;  election  of  trustees. 

1032.  Extent  of  farm  and  grounds;  special  constables. 

1033.  Objects  and  powers  of  the  corporation. 

1034.  Extent  to  which  property  may  be  held. 

1035.  Trustees  shall  make  reports;  university  subject  to 

visitation  of  regents. 

1036.  Eestrictions  on  alienation  of  property. 

1037.  State  scholarship  in  Cornell  university. 

1038.  !N'ew  York  state  veterinary  college. 

1039.  New  York  state  college  of  agriculture. 

§  1030.  Cornell  university  continued.  The  corpora- 
tion known  as  Cornell  university,  located  at  Ithaca,  is  continued 

*  This  section  was  added  to  the  former  Education  Law  as  §  962.  It  is 
inserted  in  its  proper  place  in  this  article. 


182  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

with  all  the  rights,  and  subject  to  all  the  liabilities  contained  in 
the  act  of  incorporation,  being  laws  of  eighteen  hundred  and  sixty- 
five,  chapter  five  hundred  and  eighty-five,  as  amended. 

§  1031.  Trustees;  election  of  trustees,  i.  The  board 
of  trustees  of  said  Cornell  university  shall  hereafter  be  made  up 
and  constituted  as  follows:  the  governor,  the  lieutenant-governor, 
the  speaker  of  the  house  of  assembly,  the  commissioner  of  educa- 
tion, the  president  of  the  state  agricultural  society,  the  commis- 
sioner of  agriculture,  the  librarian  of  the  Cornell  library  and  the 
president  of  the  said  university,  shall  be  trustees  thereof  ex-ofiicio, 
and  the  eldest  lineal  male  descendant  of  Ezra  Cornell  shall  be  a 
trustee  thereof  during  his  life.  To  fill  the  vacancies  in  the  board 
existing  among  the  elective  trustees  prior  to  this  enactment,  the 
governor  shall  appoint  five  trustees  subject  to  confirmation  by  the 
senate,  one  of  whom  shall  be  appointed  to  serve  for  one  year,  one 
for  two  years,  one  for  three  years,  one  for  four  years,  and  one  for 
five  years,  the  term  of  office  of  each  of  whom  shall  commence  at  the 
beginning  of  the  commencement  week  next  succeeding  his  appoint- 
ment. Prior  to  the  expiration  of  the  term  of  office  of  the  trustee 
appointed  for  one  year  as  above  provided  and  annually  thereafter, 
the  governor  shall  appoint,  subject  to  confirmation  by  the  senate, 
one  trustee  for  the  term  of  five  years,  whose  term  of  office  shall  be- 
gin at  the  expiration  of  the  term  of  the  retiring  trustee.  In  the 
event  of  a  vacancy  occurring  among  the  trustees  appointed  by  the 
governor,  by  death  or  otherwise,  the  governor,  subject  to  confirma- 
tion by  the  senate,  as  provided  aforesaid,  shall  appoint  a  trustee  to 
fill  the  vacancy  for  the  unexpired  term.  There  shall  also  be 
twenty-six  elective  trustees,  fifteen  of  whom  shall  be  elected  by  the 
board  of  trustees,  and  ten  by  the  alumni  of  said  university,  and  one 
each  year  by  the  executive  committee  of  the  ^ew  York  state  grange 
to  be  elected  at  the  time  of  the  annual  meeting  of  said  grange,  such 
trustee  so  elected  to  be  elected  for  a  term  of  one  year,  his  term  of 
office  to  commence  at  the  beginning  of  the  first  commencement 
week  subsequent  to  his  election;  but  at  no  time  shall  a  majority 
of  the  board  be  of  any  one  religious  sect  or  of  no  religious  sect. 

2.  The  board  of  trustees  shall  elect  each  year  three  trustees,  and 
as  many  more  as  may  be  necessary  to  fill  vacancies,  among  mem- 
bers elected  by  them  caused  by  resignation  or  death.  The  alnmni 
of  said  university  shall  meet  annually  in  Ithaca,  on  the  day  before 
commencement,  and  at  the  meeting  of  the  alumni  at  each  annual 
commencement  said  alumni  shall  elect  two  trustees,  and  as  many 


EDUCATION    LAW  183 

more  as  may  be  necessary  to  fill  vacancies  arising  from  resignations 
or  deaths  among  the  number  previously  elected  by  them.  Except 
as  hereinbefore  otherwise  provided  the  term  of  office  of  each  elec- 
ti\'e  trustee  shall  be  five  years  from  the  annual  commencement  at 
which  he  is  elected;  but  if  elected  by  the  board  of  trustees  at  a 
meeting  thereof  during  the  academic  year,  his  term  shall  then  be 
five  years  from  the  commencement  immediately  preceding  his  elec- 
tion ;  but  every  trustee  shall  hold  over  until  his  successor  is  elected 
or  appointed  as  above  provided. 

3.  The  election  of  trustees  by  the  board  shall  be  by  ballot,  and 
fifteen  ballots  shall  concur  before  any  one  is  elected;  and  twelve 
shall  constitute  a  quorum  for  the  transaction  of  business.  Who 
shall  be  alumni  of  said  university  sl^all  be  prescribed  by  its  board 
of  trustees.  The  election  of  trustees  by  the  alumni  shall  be  by 
ballot,  and  shall  be  conducted  in  the  following  manner  and  under 
the  following  provisions :  A  register  of  the  signature  and  address 
of  each  of  the  said  alumni  of  the  said  university  shall  be  kept  by 
the  treasurer  of  the  said  university  at  his  business  office.  Any 
ten  or  more  alumni  may  file  with  the  treasurer,  on  or  before  the 
first  day  of  April  in  each  year,  written  nominations  of  the  trustees 
to  be  elected  by  the  alumni  at  the  next  commencement.  Forthwith 
after  such  first  day  of  April  a  list  of  such  candidates  shall  be 
mailed  by  said  treasurer  to  each  of  the  alumni  at  his  address.  Each 
alumnus  may  vote  by  transmitted  ballot  for  trustees  to  be  elected 
by  the  alumni  at  any  commencement,  in  accordance  with  such  regu- 
lations as  to  the  method  and  time  of  voting  as  may  be  prescribed 
by  the  alumni  and  approved  by  the  trustees  of  the  university  or  its 
executive  committee.  The  candidates  to  the  extent  of  the  number 
of  places  to  be  filled  having  the  highest  number  of  votes  upon  the 
first  ballot  shall  be  declared  elected,  provided  that  each  of  said 
candidates  has  received  the  votes  of  at  least  one-third  of  all  the 
alumni  voting  at  said  election ;  but  if  there  shall  be  a  failure  to  fill 
all  or  one  or  more  of  the  vacancies,  caused  by  expiration  of  term  or 
otherwise,  by  reason  of  the  fact  that  one  or  more  candidates  having 
the  highest  number  of  votes  as  above  fail  to  receive  the  votes  of 
at  least  one-third  of  the  alumni  voting,  then  and  in  that  event  such 
vacancies  shall  be  filled  by  the  alumni  personally  present  at  said 
meeting,  the  election  being  limited  to  candidates  not  elected  on  the 
first  ballot,  if  there  is  a  sufficient  number  thereof,  having  the 
highest  pluralities,  not  exceeding  two  candidates  for  each  place 
thus  to  be  filled. 


184  NEW    YOEK    STATE    EDUCATIOTT    DEPARTMENT 

§  1032.  Extent  of  farm  and  grounds;  special  con- 
stables. The  farm  and  grounds  occupied  by  said  corporation, 
whereupon  its  buildings  are  erected,  or  shall  be  erected  in  such 
manner  and  to  such  extent  as  the  trustees  may  from  time  to 
time  direct  and  provide  for,  shall  consist  of  not  less  than  two  hun- 
dred acres.  For  the  protection  of  the  grounds,  farm  buildings 
and  property  of  the  university,  the  supervisor  of  the  town  of 
Ithaca  may  appoint,  upon  the  recommendation  of  the  board  of 
trustees  of  said  Cornell  university,  not  more  than  three  suitable 
persons,  as  special  constables,  who  shall  have  and  exercise  within 
the  boundaries  of  such  university  grounds,  the  powers  and  duties 
of  constables  of  towns,  and  whose  compensation  shall  be  regulated 
and  paid  by  said  board  of  trustees  of  the  university. 

§  1033.  Objects  and  powers  of  tbe  corporation.  The 
leading  object  of  said  corporation  shall  be  to  teach  such  branches 
of  learning  as  are  related  to  agriculture  and  the  mechanic  arts, 
including  military  tactics,  in  order  to  promote  the  liberal  and 
practical  education  of  the  industrial  classes  in  the  several  pur- 
suits and  professions  in  life.  But  such  other  branches  of  science 
and  knowledge  may  be  embraced  in  the  plan  of  instruction  and 
investigation  pertaining  to  the  university  as  the  trustees  may 
deem  useful  and  proper.  Said  university  is  authorized  to  es- 
tablish faculties,  departments  and  branches  and  carry  on  its  work 
at  any  places  in  this  state  and  to  confer  any  and  all  literary, 
scientific,  technical  and  professional  degrees,  and  in  testimony 
thereof  award  certificates  and  diplomas.  Persons  of  every  re- 
ligious denomination,  or  of  no  religious  denomination,  shall  be 
equally  eligible  to  all  ofiices  and  appointments. 

§  1034.  Extent  to  wbich  property  may  be  held.  The 
said  corporation  may  take  and  hold  real  and  personal  property 
to  such  an  amount  as  may  be  or  become  necessary  for  the  proper 
conduct  and  support  of  the  several  departments  of  education  here- 
tofore established  or  hereafter  to  be  established  by  its  board  of 
trustees,  and  such  property  real  and  personal  as  has  been,  or 
may  hereafter  be  given  to  said  corporation  by  gift,  grant,  devise 
or  bequest  in  trust  or  otherwise,  for  the  use  and  purposes  per- 
mitted by  its  charter,  and  in  cases  of  trusts  so  created,  the  several 
trust  estates  shall  be  kept  distinct,  and  the  interest  or  income 
shall  be  faithfully  applied  to  the  purposes  of  such  trust,  in  ac- 
cordance with  the  provisions  of  the  act  or  instrument  by  which 
the  respective  trusts  were  created. 


EDUCATION    LAW  185 

§  1035.  Trustees  shall  make  reports;  university 
subject  to  visitation  of  regents.  The  trustees  of  said  uni- 
versity shall  make  all  the  reports  and  perform  such  other  acts 
as  may  be  necessary  to  conform  to  the  act  of  congress  entitled 
"An  act  donating  public  lands  to  the  several  states  and  territories 
which  may  provide  colleges  for  the  benefit  of  agriculture  and  the 
mechanic  arts''  approved  July  second,  eighteen  hundred  and 
sixty-two.  The  said  university  shall  be  subject  to  visitation  of 
the  regents  of  the  university  of  the  state  of  l^ew  York. 

§  1036.  Restrictions  on  alienation  of  property.  The 
said  university  grounds,  farm,  work-shops,  fixtures,  machinery, 
apparatus,  cabinets  and  library,  shall  not  be  incumbered,  aliened 
or  otherwise  disposed  of  by  the  said  trustees,  or  by  any  other 
person,  except  on  terms  such  as  the  legislature  of  the  state  of 
New  York  shall  have  approved,  and  any  act  of  the  said  trustees, 
or  that  of  any  other  person  which  shall  have  that  effect,  shall  be 
void. 

§  1037.  State  scholarships  in  Cornell  university. 
The  several  departments  of  study  in  Cornell  university  shall  be 
open  to  applicants  for  admission  thereto  at  the  lowest  rates  of 
expense  consistent  with  its  welfare  and  efficiency,  and  without 
distinction  as  to  rank,  class,  previous  occupation  or  locality.  But, 
with  a  view  to  equalize  its  advantages  to  all  parts  of  the  state, 
the  institution  shall  receive  students  to  the  number  of  one  each 
year  from  each  assembly  district  in  this  state,  to  be  selected  as 
hereinafter  provided,  and  shall  give  them  instruction  in  any  or  in 
all  the  proscribed  branches  of  study  in  any  department  of  said 
institution,  free  of  any  tuition  fee  or  of  any  incidental  charges  to 
be  paid  to  said  university,  unless  such  incidental  charges  shall  have 
been  made  to  compensate  for  materials  consumed  by  said  students 
or  for  damages  needlessly  or  purposely  done  by  them  to  the  prop- 
erty of  said  university.  The  said  free  instruction  shall,  moreover, 
be  accorded  to  said  students  in  consideration  of  their  superior  abil- 
ity, and  as  a  reward  for  superior  scholarship  in  the  academies  and 
public  schools  of  this  state.  Said  students  shall  be  selected  as  the 
legislature  may  from  time  to  time  direct,  and  until  otherwise  or- 
dered as  follows: 

1.  A  competitive  examination,  under  the  direction  of  the  educa- 
tion department,  shall  be  held  at  the  coimty  court-house  in  each 
county  of  the  state,  upon  the  first  Saturday  in  June,  in  each  year, 
by  the  city  superintendents  and  the  school  commissioners  of  the 
county. 


186  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

2.  None  but  pupils  of  at  least  sixteen  years  of  age  and  of  six 
months'  standing  in  the  common  schools  or  academies  of  the  state, 
during  the  year  immediately  preceding  the  examination,  shall  be 
eligible.  ' 

3.  Such  examination  shall  be  upon  subjects  designated  by  the 
president  of  the  university  and  upon  question  papers  prepared 
under  the  direction  of  the  commissioner  of  education. 

4.  The  city  superintendents  and  school  commissioners  of  each 
county  shall  immediately  after  the  close  of  the  examination  for- 
ward to  the  commissioner  of  education  all  answer  papers  submitted 
by  candidates  in  such  examination,  all  statements  of  candidates 
and  a  report  of  the  names  of  candidates  in  such  form  as  the  com- 
missioner of  education  shall  require. 

5.  In  case  any  candidate  who  may  become  entitled  to  a  scholar- 
ship shall  fail  to  claim  the  same,  or  shall  fail  to  pass  the  entrance 
examination  at  such  university,  or  shall  die,  resign,  absent  him- 
self without  leave,  be  expelled  or,  for  any  other  reason,  shall 
abandon  his  right  to  or  vacate  such  scholarship  either  before  or 
after  entering  thereupon,  then  the  candidate  certified  to  be  next 
entitled  in  the  same  county  shall  become  entitled  to  the  same.  In 
case  any  scholarship  belonging  to  any  county  shall  not  be  claimed 
by  any  candidate  resident  in  that  county,  the  commissioner  of  edu- 
cation may  fill  the  same  by  appointing  thereto  some  candidate  first 
entitled  to  a  vacancy  in  some  other  county.  In  any  such  case,  the 
president  of  the  university  shall  at  once  notify  the  commissioner 
of  education  and  that  officer  shall  immediately  notify  the  candi- 
date next  entitled  to  the  vacant  scholarship  of  his  right  to  the 
same 

6.  Any  state  student  who  shall  make  it  appear  to  the  satisfac- 
tion of  the  president  of  the  university  that  he  requires  leave  of 
absence,  for  the  purpose  of  earning  funds  with  which  to  defray 
his  living  expenses  ^which  in  attendance,  may,  in  the  discretion  of 
the  president,  be  granted  such  leave  of  absence,  and  may  be  al- 
lowed a  period  not  exceeding  six  years  from  the  commencement 
thereof  for  the  completion  of  his  course  at  said  university. 

1.  In  certifying  the  qualifications  of  the  candidates,  prefer- 
ence shall  be  given,  where  other  qualifications  are  equal,  to  the 
children  of  those  who  have  died  in  the  military  or  naval  service 
of  the  United  States. 

8.  !N"otices  of  the  time  and  place  of  the  examinations  shall  be 
given  in  all  the  schools  having  pupils  eligible  thereto,  prior  to 

•  So  in  original. 


EDUCATION-    LAW  187 

the  first  day  of  January  in  each  year,  and  shall  be  published  once 
a  week,  for  three  weeks,  in  at  least  two  newspapers  in  each  county 
immediately  prior  to  the  holding  of  such  examinations.  The  cost 
of  publishing  such  notices  and  the  necessary  expenses  of  such  ex- 
amination shall  be  a  charge  upon  each  county,  respectively,  and 
shall  be  audited  and  paid  by  the  board  of  supervisors  thereof. 

9.  The  commissioner  of  education  shall  attend  to  the  giving  and 
publishing  of  the  notices  hereinbefore  provided  for.  He  may,  in 
his  discretion,  direct  that  the  examination  in  any  county  may  be 
held  at  some  other  time  and  place  than  that  above  specified,  in 
which  case  it  shall  be  held  as  directed  by  him.  He  shall  keep  full 
records  in  his  department  of  all  candidates  attending  such  exam- 
inations and  shall  notify  candidates  of  their  rights  under  this  chap- 
ter. He  shall  determine  any  controversies  which  may  arise  under 
the  provisions  of  this  chapter.  He  is  hereby  charged  with  the  gen- 
eral supervision  and  direction  of  all  matters  in  connection  with 
the  filling  of  such  scholarships.  Students  enjoying  the  privileges  of 
free  scholarships  shall,  in  common  with  the  other  students  of  said 
university,  be  subject  to  all  the  examinations,  rules  and  require- 
ments of  the  board  of  trustees  or  faculty  of  said  university,  except 
as  herein  provided. 

§  1038.  New  York  state  veterinary  college.  1.  The 
state  veterinary  college,  established  by  chapter  one  hundred  and 
fifty-three  of  the  laws  of  eighteen  hundred  and  ninety-four,  shall 
continue  to  be  known  as  the  "New  York  state  veterinary  college. 
The  object  of  said  veterinary  college  shall  be :  To  conduct  investi- 
gations as  to  the  nature,  prevention  and  cure  of  all  diseases  of 
animals,  including  such  as  are  communicable  to  man  and  such 
as  cause  epizootics  among  live  stock ;  to  investigate  the  economical 
questions  which  will  contribute  to  the  more  profitable  breeding, 
rearing  and  utilization  of  animals;  to  produce  reliable  standard 
preparations  of  toxins,  antitoxins  and  other  products  to  be  used 
in  the  diagnosis,  prevention  and  cure  of  diseases  and  in  the  con- 
ducting of  sanitary  work  by  approved  modem  methods;  and  to 
give  instruction  in  the  normal  structure  and  function  of  the  animal 
body,  in  the  pathology,  prevention  and  treatment  of  animal  dis- 
eases, and  in  all  matters  pertaining  to  sanitary  science  as  applied 
to  live  stock  and  correlatively  to  the  human  family. 

2.  All  buildings,  furniture,  apparatus  and  other  property  here- 
tofore or  hereafter  erected  or  furnished  by  the  state  for  such 
veterinary  college  shall  be  and  remain  the  property  of  the  state. 


188  JSEW    YORK    STATE    EDUCATION    DEPARTMENT 

The  Cornell  university  shall  have  the  custody  and  control  of  said 
property,  and  shall,  with  whatever  state  moneys  may  be  received 
for  the  purpose,  administer  the  said  veterinary  college,  with 
authority  to  appoint  investigators,  teachers  and  other  officers,  to 
lay  out  lines  of  investigation,  to  prescribe  the  requirements  for 
admission  and  the  course  of  study  and  with  such  other  power  and 
authority  as  may  be  necessary  and  proper  for  the  due  administra- 
tion of  such  veterinary  college. 

3.  Said  university  shall  receive  no  income,  profit  or  compensa- 
tion therefor,  but  all  moneys  received  from  state  appropriations 
for  the  said  veterinary  college  or  derived  from  other  sources  in 
the  course  of  the  administration  thereof,  shall  be  kept  by  said 
university  in  a  separate  fund  from  the  moneys  of  the  university, 
and  shall  be  used  exclusively  for  said  E'ew  York  state  veterinary 
college.  Such  moneys  as  may  be  appropriated  to  be  paid  to  the 
Cornell  university  by  the  state  in  any  year,  to  be  expended  by 
said  university  in  the  administration  of  said  veterinary  college, 
shall  be  payable  to  the  treasurer  of  Cornell  university  in  three 
equal  payments  to  be  made  on  the  first  day  of  October,  the  first 
day  of  January,  and  the  first  day  of  April  in  such  year,  and 
within  thirty  days  after  the  expiration  of  the  period  for  which 
each  instalment  is  received  the  said  university  shall  furnish  the 
comptroller  of  the  state  of  'New  York  satisfactory  vouchers  for  the 
expenditure  of  such  instalment. 

4.  The  said  university  shall  expend  such  moneys  and  use  such 
property  of  the  state  in  administering  said  veterinary  college, 
and  shall  report  to  the  governor  during  the  month  of  January 
in  each  year,  a  detailed  statement  of  such  expenditures  and  of 
the  general  operations  of  the  said  veterinary  college. 

5.  ISTo  tuition  fee  shall  be  required  of  a  student  pursuing  the 
regular  veterinary  course,  who  for  a  year  or  more  immediately 
preceding  his  admission  to  said  veterinary  college  shall  have  been 
a  resident  of  this  state.  The  tuition  fees  charged  to  other  students 
and  all  other  fees  and  charges  in  said  veterinary  college  shall  be 
fixed  by  Cornell  university,  and  the  moneys  so  received  shall  be 
expended  for  the  current  expenses  of  the  said  veterinary  college. 

§  1039.  New  York  state  college  of  agriculture.  The 
state  college  of  agriculture,  established  by  chapter  six  hundred 
and  fifty-five  of  the  laws  of  nineteen  hundred  and  four,  shall  con- 
tinue to  be  known  as  the  New  York  state  college  of  agriculture 
at  Cornell  university.      The  object  of  said  college  of  agriculture 


EDUCATION-    LAW  189 

shall  be  to  improve  the  agricultural  methods  of  the  state,  to  develop 
the  agricultural  resources  of  the  state  in  the  production  of  crops 
of  all  kinds,  in  the  rearing  and  breeding  of  live-stock,  in  the 
manufacture  of  dairy  and  other  products,  in  determining  better 
methods  of  handling  and  marketing  such  products,  and  in  other- 
ways;  and  to  increase  intelligence  and  elevate  the  standards  of 
living  in  the  rural  districts.  For  the  attainment  of  these  objects 
the  college  is  authorized  to  give  instruction  in  the  sciences,  arts 
and  practices  relating  thereto,  in  such  courses  and  in  such  man- 
ner as  shall  best  serve  the  interests  of  the  state ;  to  conduct  exten- 
sion work  in  disseminating  agricultural  knowledge  throughout  the 
state  by  means  of  experiments  and  demonstrations  on  farms  and 
gardens,  investigations  of  the  economic  and  social  status  of  agri- 
culture, lectures,  publication  of  bulletins  and  reports,  and  in  such 
other  ways  as  may  be  deemed  advisable  in  the  furtherance  of 
the  aforesaid  objects;  to  make  researches  in  the  physical,  chemical, 
biological  and  other  problems  of  agriculture,  the  application  of 
such  investigations  to  the  agriculture  of  "New  York,  and  the 
publication  of  the  results  thereof.  All  buildings,  furniture,  appa- 
ratus and  other  property  heretofore  or  hereafter  erected  or  fur- 
nished by  the  state  for  such  college  of  agriculture  shall  be  and 
remain  the  property  of  the  state.  The  Cornell  university  shall 
have  the  custody  and  control  of  said  property,  and  shall,  with 
whatever  state  moneys  may  be  received  for  the  purpose,  admin- 
ister the  said  college  of  agriculture,  with  authority  to  appoint 
investigators,  teachers  and  other  officers  and  employees,  to  lay 
out  lines  of  investigation,  to  prescribe  the  requirements  for  admis- 
sion and  the  course  of  study  and  with  such  other  power  and 
authority  as  may  be  necessary  and  proper  for  the  due  adminis- 
tration of  such  college  of  agriculture.  Said  university  shall  re- 
ceive no  income,  profit  or  compensation  therefor,  but  all  moneys 
received  from  state  appropriations  for  the  said  college  of  agri- 
culture or  derived  from  other  sources  in  the  course  of  the  admin- 
istration thereof,  shall  be  credited  by  said  university  to  a  separate 
fund,  and  shall  be  used  exclusively  for  said  'New  York  state  college 
of  agriculture.  Such  moneys  as  may  be  appropriated  to  be  paid 
to  the  Cornell  university  by  the  state  in  any  year,  to  be  expended 
by  said  university  in  the  administration  of  said  college  of  agri- 
culture, shall  be  payable  to  the  treasurer  of  Cornell  university 
in  three  equal  payments  to  be  made  on  the  first  day  of  October, 
the  first  day  of  January,  and  the  first  day  of  April  in  such  year, 


190  NEW    YORK    STATE    EDUCATION"    DEPARTMENT 

and  within  sixtj^  days  after  the  expiration  of  the  period  for  which 
each  instalment  is  received  the  said  university  shall  furnish  the 
comptroller  vouchers  approved  by  the  commissioner  of  agriculture 
for  the  expenditures  of  such  instalment.  The  said  university 
shall  expend  such  moneys  and  use  such  property  of  the  state  in 
administering  said  college  of  agriculture  as  above  provided,  and 
shall  report  to  the  commissioner  of  agriculture  in  each  year  on 
or  before  the  first  day  of  December,  a  detailed  statement  of  such 
expenditures  and  of  the  general  operations  of  the  said  college 
of  agriculture  for  the  year  ending  the  thirtieth  day  of  September 
then  next  preceding.  Fees  and  charges  in  said  college  of  agri- 
culture shall  be  fixed  by  Cornell  university,  and  the  moneys 
received  from  these  sources  and  from  the  sales  of  products  shall 
be  credited  to  a  separate  fund  and  shall  be  used  for  the  current 
expenses  of  the  said  college  of  agriculture. 

ARTICLE  41 

State  School  of  Ag'riculture  at  Saint  Law- 
rence University 

Section  1050.  Corporate  name. 

1051.  Objects  and  purposes  of  school. 

1052.  Supervision  and  control  of  school. 

1053.  Maintenance. 

§  1050.  Corporate  name.  The  school  of  agriculture  es- 
tablished by  chapter  six  hundred  and  eighty-two  of  the  laws  of 
nineteen  hundred  and  six  shall  continue  to  be  known  as  the  New 
York  State  School  of  Agriculture  of  The  St.  Lawrence  Univer- 
sity.    [Thus  amefided  hy  L.  1910,  cli.  413,  in  effect  June  8,  1910.] 

§  1051.  Objects  and  purposes  of  school.  Such  school 
shall  have  for  its  objects  and  purposes: 

1.  The  elementary  and  practical  instruction  of  pupils  attend- 
ing such  school  in  agriculture  and  allied  subjects. 

2.  The  giving  of  instruction  by  means  of  schools,  lectures  and 
other  university  extension  methods  for  the  promotion  of  agri- 
cultural knowledge. 

3.  The  conducting  of  investigations  and  experiments  for  the 
purpose  of  ascertaining  the  best  method  of  fertilization  of  fields, 


EDUCATION    LAW  191 

gardens  and  plantations  and  the  best  modes  of  tillage  and  farm 
management  and  improvement  of  live-stock. 

4.  The  printing  of  leaflets  and  the  dissem^ination  of  agricul- 
tural knowledge  by  means  of  lectures  and  otherwise;  the  print- 
ing and  free  distribution  of  the  results  of  such  investigations  and 
experiments,  and  the  publication  of  bulletins  containing  such 
information  as  may  be  deemed  desirable  and  profitable  in  pro- 
moting the  agricultural  interests  of  the  state,  such  work  to  be 
conducted  as  far  as  practicable  in  harmony  with  the  college  of 
agriculture  at  Cornell  university. 

§  1052.  Supervision  and  control  of  school.  The 
board  of  trustees  of  The  St.  Lawrence  university  shall  have  the 
general  care,  supervision  and  control  of  such  school,  and  of  all  its 
affairs,  and  to  carry  out  its  object  and  purposes  shall: 

1.  Employ  and  at  pleasure  remove  officers,  teachers,  clerks, 
assistants  and  such  other  persons  as  it  shall  deem  necessary  to 
the  proper  conduct  of  said  school;  and  fix  their  compensation. 

2.  Adopt  rules  not  inconsistent  with  law  controlling  the  affairs 
of  such  school. 

3.  Prescribe  the  courses  of  instruction  and  the  methods  of  in- 
vestigation and  experiments  to  be  followed  in  such  school. 

4.  Acquire  by  deed,  gift,  devise,  or  lease,  real  property  suit- 
able for  practical  and  experimental  agriculture,  horticulture  and 
forestry,  and  manage  the  same  for  the  benefit  of  said  school,  de- 
voting any  income  that  may  be  derived  therefrom  to  the  main- 
tenance thereof,  provided,  however,  that  no  land  shall  be  pur- 
chased with  funds  furnished  by  the  state,  unless  a  special  appro- 
priation is  made  therefor.  [Thus  amended  by  L.  1910,  cli.  443, 
in  effect  June  8,  1910.] 

§  1053.  Maintenance.  1.  Prior  to  the  first  day  of  Octo- 
ber in  each  year  the  treasurer  of  The  St.  Lawrence  university* 
shall  file  with  the  comptroller  his  bond,  with  an  incorporated 
surety  company  authorized  to  do  business  in  the  state  of  New 
York  as  surety,  in  a  penalty  equal  to  one-fourth  of  the  amount 
appropriated  by  the  legislature  for  the  maintenance  of  said  agri- 
cultural school  for  the  succeeding  year,  conditioned  that  he  will 
faithfully  account  for  all  moneys  received  by  him  during  the  next 
state  fiscal  year.  After  the  filing  of  said  bond,  the  comptroller 
shall  pay  over  to  the  said  treasurer  on  the  first  days  of  each  of 
the  months  of  October,  January,  April  and  July  next  succeeding, 
one-fourth  part  of  said  appropriation. 


192  NEW   YOEK    STATE    EDUCATION    DEPARTMENT 

2.  All  bills  for  the  maintenance  of  said  school  shall  be  exam- 
ined and  audited  by  the  executive  committee  of  said  board  of 
trustees ;  and  when  so  audited  and  properly  certified  by  the  presi- 
dent and  secretary  of  said  board,  and  the  audit  approved  by  the 
commissioner  of  agriculture,  the  amount  thereof  shall  be  credited 
by  the  comptroller  against  the  funds  theretofore  advanced  to  said 
treasurer  as  above  provided.  [Added  hy  L.  1910,  ch,  443,  in  effect 
June  8,  1910.] 

ARTICLE  42 

State  School  of  Ag'riculture  at  Alfred 
University 

Section  1070.  Corporate  name. 

lOYl.  Objects  and  purposes  of  school. 

1072;  Supervision  and  maintenance  of  school. 

§  1070.  Corporate  name.  The  school  of  agriculture  estab- 
lished by  chapter  two  hundred  of  the  laws  of  nineteen  hundred 
and  eight  shall  continue  to  be  known  as  the  'New  York  state  school 
of  agriculture  at  Alfred  university. 

§  1071.  Objects  and  purposes  of  school.  The  objects 
of  the  New  York  state  school  of  agriculture  at  Alfred  university 
shall  be  to  give  elementary  and  practical  instruction  in  agriculture 
and  kindred  subjects ;  to  conduct,  for  the  improvement  of  such 
instruction,  investigations  and  experiments  in  agricultural  methods 
and  resources  in  western  New  York,  and  in  means  and  methods  for 
the  care  and  improvement  of  live  stock;  to  stimulate  agricultural 
pursuits,  and  to  increase  knowledge  by  which  such  industry  may 
be  successfully  carried  on ;  such  work  shall  be  co-ordinated  so  far 
as  practicable  with  that  at  the  New  York  state  college  of  agricul- 
ture at  Cornell  university;  and  furnish  both  a  practical  training 
for  the  pursuit  of  agriculture,  and  complemental  training,  pre- 
liminary to  advanced  courses  in  said  state  college  of  agriculture  at 
Cornell  university. 

§  1072.  Supervision  and  maintenance  of  school. 
Alfred  university  shall  have  the  custody  and  control  of  the  prop- 
erty of  said  ISTew  York  state  school  of  agriculture,  and  shall,  with 
whatever  moneys  may  be  received  for  the  purpose,  administer  the 
said  school  of  agriculture  with  authority  to  appoint  teachers,  in- 
vestigators,   and   other    officers   and   employees,    to   prescribe  the 


EDUCATION"    LAW  193 

requirements  for  admission^  and  the  courses  of  study  to  be  pur- 
suedj  and  with  such  other  power  and  authority  as  will  secure 
necessary  and  adequate  administration  of  such  school.  And  in 
order  to  secure  unity  and  harmony  in  education  in  agriculture  in 
the  state  of  New  York,  the  state  commissioner  of  agriculture,  the 
director  of  the  New  York  state  college  of  agTiculture  at  Cornell 
university,  and  a  person  to  be  annually  elected  or  appointed  by 
the  state  grange,  shall  be  ex  officio  members  of  the  board  of  man- 
agers to  be  appointed  annually  by  the  trustees  of  Alfred  university, 
to  have  immediate  management  of  the  said  state  school  of  agricul- 
ture. Alfred  university  shall  receive  no  income,  profit  or  com- 
pensation therefor,  but  all  moneys  received  from  appropriations 
for  the  said  school  of  agriculture  shall  be  credited  by  said 
university  to  a  separate  fund,  and  shall  be  used  exclusively  for 
said  New  York  state  school  of  agriculture.  Such  moneys  as  may 
be  appropriated  by  the  state  to  Alfred  university,  for  said  state 
school  of  agriculture,  shall  be  payable  to  the  treasurer  of  Alfred 
university  upon  vouchers  furnished  to  the  comptroller.  The  said 
university  shall  expend  such  moneys  and  use  such  property  of 
the  state  in  administering  said  school  of  agriculture  as  above  pro- 
vided, and  shall  report  to  the  commissioner  of  agriculture  an- 
nually, on  or  before  the  first  day  of  December,  a  detailed  state- 
ment of  such  expenditures  and  of  the  general  operations  of  the 
said  school  of  agriculture  for  the  year  ending  the  thirtieth  day  of 
September  then  next  preceding;  and  a  copy  of  such  report  shall 
be  transmitted  to  the  legislature.  Students  bona  fide  residents  of 
the  state  of  New  York  for  one  year  preceding  the  date  of  their 
admission  shall  be  entitled  to  free  tuition.  Other  fees  and  charges 
if  any  in  the  said  school  of  agriculture,  and  any  moneys  received 
from  tuitions  paid  by  students  not  residents  of  the  state  of  New 
York,  and  from  the  sales  of  products  shall  be  reported  and  for- 
warded monthly  to  the  state  treasurer  as  required  by  the  state 
finance  law,  and  may  be  reappropriated  toward  the  maintenance 
of  said  school  of  agriculture.  .  ,  .. 

ARTICLE  42-A. 

State   Sichool   of  Agriculture   at   Cobleskill. 

[Article  inserted  by  L.  1911,  ch.  852.] 

Section  1075.  Establishment  and  corporate  name. 
1076.  Objects  and  purposes  of  school. 
7 


194  NEW    YORK    STATE    EDUCATIOj^    DEPARTMENT 

Section  1077.  Management  and  control  of  school. 

1078.  Powers  and  duties  of  board  of  trustees. 

§  1075.  Establisliinent  and  corporate  name.  There  is 
hereby  established  in  the  town  of  Cobleskill,  Schoharie  county,  a 
school  of  agriculture  to  be  known  as  the  Schoharie  State  School  of 
Agriculture. 

§  1076.  Objects  and  purposes  of  scliool.  Such  school 
shall  have  for  its  objects  and  purposes : 

1.  The  instruction  of  pupils  attending  such  school  in  agriculture, 
mechanic  arts  and  home  making. 

2.  The  giving  of  instruction  throughout  the  state  by  means  of 
schools,  lectures  and  other  university  extension  methods  for  the 
promotion  of  agricultural  knowledge. 

3.  The  conducting  of  investigations  and  experiments  for  the 
purpose  of  ascertaining  the  best  methods  of  fertilization  of  fields, 
gardens  and  plantations  and  the  best  modes  of  tillage,  farm  man- 
agement and  improvement  of  live  stock. 

4.  The  printing  of  leaflets  and  the  dissemination  of  agricul- 
tural knowledge  by  means  of  lectures  and  otherwise;  printing  and 
free  distribution  of  the  results  of  such  investigations  and  experi- 
ments, and  the  publication  of  bulletins  containing  such  informa- 
tion as  may  be  deemed  desirable  and  profitable  in  promoting  the 
agricultural  interests  of  the  state. 

§  1077.  Management  and  control  of  scliool.  The  care, 
management  and  control  of  the  school,  property  and  premises  shall 
be  exercised  by  a  board  of  seven  trustees  of  which  the  commissioner 
of  education  and  the  commissioner  of  agriculture  shall  be  ex  officio 
members,  with  the  same  powers  and  duties  as  other  members 
thereof.  The  other  five  trustees  shall  be  appointed  by  the  gov- 
ernor. At  least  three  of  the  trustees  so  appointed  shall  be  resi- 
dents of  the  county  of  Schoharie  and  one  of  them  shall  be  a 
resident  of  the  town  of  Cobleskill.  Trustees  first  appointed  here- 
under shall  be  appointed  for  such  terms  that  the  term  of  one 
trustee  shall  expire  each  year  and  their  terms  shall  be  designated 
by  the  governor  in  their  certificates  of  appointment.  A  successor 
to  any  such  trustees  shall  be  appointed  for  a  full  term  of  five 
years.  A  vacancy  in  the  office  of  trustee  shall  be  filled  for  the 
remainder  of  the  unexpired  term.  Such  trustees  shall  serve  with- 
out  compensation. 

§  1078.  Powers  and  duties  of  board  of  trustees.    The 
board  of  trustees  of  such  school  shall  have  the  general  care,  super- 


EDUCATION    LAW  195 

vision  and  control  of  such  school  and  of  all  of  its  affairs,  and  to 
carry  out  its  objects  and  purposes  shall: 

1.  Employ  and  at  pleasure  remove  teachers,  experts,  chemists 
and  all  necessary  clerks  and  assistants ; 

2.  Adopt  rules  not  inconsistent  with  law  controlling  the  affairs 
of  such  school  and  regulating  the  meetings  and  organization  of 
such  board; 

3.  Prescribe  the  course  of  instruction  and  the  methods  of  in- 
vestigation and  experiments  to  be  followed  in  such  school. 

The  board  of  trustees  shall  report  to  the  commissioner  of  agri- 
culture annually,  on  or  before  the  first  day  of  December,  a  detailed 
statement  of  such  expenditures  and  of  the  general  operations  of 
the  said  school  of  agriculture  for  the  year  ending  the  thirtieth  day 
of  September  then  next  preceding,  and  a  copy  of  such  report  shall 
be  transmitted  to  the  legislature.  Students,  bona  fide  residents  of 
the  state  of  ^ew  York  for  one  year  preceding  the  date  of  their 
admission,  shall  be  entitled  to  free  tuition.  Other  fees  and 
charges,  if  any,  in  the  said  school  of  agriculture,  and  any  moneys 
received  from  tuition  paid  by  students  not  residents  of  the  state 
of  'New  York,  and  from  the  sale  of  products,  shall  be  reported 
and  forwarded  monthly  to  the  state  treasurer  as  required  by  the 
state  finance  law,  and  may  be  reappropriated  toward  the  mainte- 
nance of  said  school  of  agriculture. 

Note. —  The  following  sections  of  L.  1911,  ch.  852,  relate  to  the  establish- 
ment of  the  State  School  of  Agriculture  at  Cobleskill,  but  are  not  amendatory 
of  the  Education  Law. 

§  2.  The  governor  shall  appoint  the  members  of  the  board  of  trustees  of 
such  school  within  twenty  days  after  this  act  takes  effect. 

§  3.  The  board  of  trustees  may  acquire  in  the  name  and  for  the  benefit  of 
the  state,  by  gift,  devise,  grant  or  purchase,  any  lands  situated  within  the 
town  of  Cobleskill,  county  of  Schoharie,  and  within  easy  access  of  the  village 
of  Cobleskill,  suitable  and  adapted  for  the  purposes  of  such  school.  All  deeds 
of  conveyances,  contracts  of  purchase  or  other  instruments  executed  for  the 
purpose  of  transferring  the  title  of  such  lands  shall  be  examined  and  approved 
by  the  attorney-general  before  payment  of  any  part  of  the  purchase  price  of 
such  lands.  The  total  amount  to  be  paid  by  the  state  out  of  the  moneys 
hereinafter  appropriated  for  the  purchase  of  such  site  shall  not  exceed  the 
sum  of  ten  thousand  dollars.  The  board  of  trustees  of  such  school  shall  cause 
to  be  erected  upon  the  lands  so  acquired  suitable  buildings  for  use  of  such 
school,  so  designed  as  to  carry  into  effect  the  objects  and  purposes  of  such 
school.  The  state  architect  shall  prepare  the  necessary  plans  and  specifica- 
tions for  the  erection  and  equipment  of  such  buildings,  and  he  shall  possess 
the  same  powers  and  perform  the  same  duties  in  respect  to  such  buildings 
as  are  possessed  or  performed  by  him  in  respect  to  other  buildings.  The 
erection  and  equipment  of  such  buildings  shall  be  done  by  contract,  except 
work  which  in  the  opinion  of  the  comptroller  and  the  state  architect  can  be 
done,  in  whole  or  in  part,  more  advantageously  by  the  employment  of  labor 
and  the  purchase  of  materials  in  the  open  market.  All  expenditures  under 
this  act  shall  be  made  pursuant  to  estimates  or  pursuant  to  contracts,  the 
form  of  which  shall  be  prescribed  by  the  state  architect.    The  estimates  shall 


196  NEW    YOKK    STATE    EDUCATION    DEPARTMENT 

be  made  to  the  comptroller  in  the  usual  form  by  the  board  of  trustees  of  such 
school.  Where  the  work  estimated  for  is  from  drawings  and  specifications  of 
the  state  architect,  the  estimates  shall  be  subject  to  his  approval  also.  No 
item  of  said  appropriation  shall  be  available,  except  for  advertising,  unless 
a  contract  or  contracts,  or  estimate  or  estimates  therefor  shall  have  been 
first  made  for  the  completion  thereof  within  the  appropriation  therefor.  All 
contracts  in  an  amomit  greater  than  one  thousand  dollars  shall  have  the 
performance  thereof  secured  by  sufficient  bond  or  bonds,  said  bond  or  bonds 
to  be  approved  by  and  filed  with  the  comptroller.  All  contracts  in  an  amount 
less  than  one  thousand  dollars  need  have  no  surety  bond,  provided  payment 
is  to  be  made  only  after  the  work  is  completed  and  approved.  All  payments 
on  contracts  shall  be  made  on  the  certificate  of  the  state  architect  and  a 
voucher  of  the  board  of  trustees  of  such  school  after  audit  by  the  comptroller. 
All  original  bids  or  proposals  with  abstract  thereof  shall  accompany  the  copy 
of  the  contracts  which  is  to  be  filed  with  the  comptroller.  Money  herein 
appropriated  shall  only  be  advanced  to  the  board  of  trustees  of  such  school, 
as  the  work  progresses,  or  the  purchase  of  material  is  made  and  upon  bills 
duly  certified,  rendered  and  audited. 

§  4.  The  sum  of  fifty  thousand  dollars  ($50,000),  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury 
not  otherwise  appropriated,  for  the  purpose  of  carrying  out  the  provisions  of 
this  act.  Of  this  amount  the  sum  of  ten  thousand  dollars  shall  be  payable 
on  the  first  day  of  October,  nineteen  hundred  and  eleven,  and  the  remaining 
forty  thousand  dollars  shall  be  payable  on  the  first  day  of  October,  nineteen 
hundred  and  twelve.  The  amount  so  appropriated  shall  be  paid  by  the 
treasurer  upon  the  warrant  of  the  comptroller  drawn  upon  the  requisition  of 
the  board  of  trustees  of  such  school. 

ARTICLE  43 
State  Scfaiool  of  Ag'riculture  at  Morrisville 

Section  1090.  Corporate  name. 

1091.  Objects  and  purposes  of  school. 

1092.  Management  and  control  of  school. 

1093.  Powers  and  duties  of  board  of  trustees. 

§  1090.  Corporate  name.  The  school  of  agriculture  estab- 
lished bj  chapter  two  hundred  one  of  the  laws  of  nineteen  hun- 
dred and  eight  shall  continue  to  be  known  as  the  New  York  state 
school  of  agriculture  at  Morrisville. 

§  1091.  Objects  and  purposes  of  school.  Such  school 
shall  have  for  its  objects  and  purposes: 

1.  The  elementary  and  practical  instruction  of  pupils  attending 
such  school  in  agriculture  and  all  allied  subjects,  including  do- 
mestic science. 

2.  The  giving  of  instruction  in  agriculture  and  agricultural 
science  preparatory  to  the  more  advanced  courses  in  the  state  col- 
lege of  agriculture  at  Cornell  to  which  end  the  work  shall  be  con- 
formed as  far  as  practicable  with  that  of  the  last  named  insti- 
tution and  also  the  giving  of  elementary  and  practical  instruction 


EDUCATIOJT    LAW  197 

for  the  carrying  on  of  agricultural  pursuits  to  such  as  do  not  desire 
the  more  advanced  course. 

3.  The  conducting  of  investigations  and  experiments  in  central 
[N'ew  York  for  the  purpose  of  ascertaining  the  best  methods  of 
fertilizing  fields,  gardens  and  plantations  and  the  best  modes  of 
tillage  and  farm  management  and  the  care  and  improvement  of 
live  stock. 

§  1092.  Management  and  control  of  seliool.  The 
care,  management  and  control  of  said  school,  property  and  prem- 
ises shall  be  exercised  by  a  board  of  seven  trustees.  The  state 
commissioner  of  agriculture  and  the  director  of  the  ISTew  York 
state  agricultural  school  at  Cornell  University,  shall,  ex  officio, 
be  members  of  the  board  of  trustees.  The  other  five  trustees  shall 
be  appointed  by  the  governor  by  and  with  the  consent  of  the 
senate.  At  least  two  of  such  trustees  shall  be  residents  of  the 
county  of  Madison.  One  of  such  trustees  shall  be  a  person  recom- 
mended by  the  state  grange,  if  such  recommendation  be  made. 
Two  of  such  appointed  trustees  shall  be  appointed  for  a  term  of 
two  years  each  and  three  for  a  term  of  four  years  each.  Upon 
the  expiration  of  the  terms  of  office  of  such  appointed  trustees 
their  successors  shall  be  appointed  for  a  term  of  four  years  each. 
Such  trustees  shall  serve  for  the  terms  for  which  they  are  respect- 
ively appointed  and  until  their  successors  have  been  appointed 
and  qualified.  In  case  of  any  vacancy  in  the  office  of  any  trustee 
his  successor  shall  be  appointed  for  the  unexpired  term  for  which 
he  was  appointed.  Such  trustees  shall  serve  without  compensation 
as  such,  except  that  there  shall  be  allowed  to  said  board  for  clerical 
and  other  assistance  that  may  be  required  in  the  discharge  of  their 
duties,  a  sum  not  to  exceed  fifteen  hundred  dollars  per  annum, 
which  may  be  paid  in  whole  or  in  part  to  one  of  the  appointed 
members  of  said  board,  to  act  as  secretary  and  clerk  of  said  board 
until  said  school  shall  be  organized. 

§  1093.  Powers  and  duties  of  board  of  trustees.  The 
board  of  trustees  so  appointed  by  the  governor  shall  have  the 
general  care,  supervision  and  control  of  such  school  and  all  its 
affairs  and  to  carry  out  its  objects  and  purposes : 

1.  Employ  and  remove  teachers,  experts,  chemists  and  all  neces- 
sary clerks  and  assistants. 

2.  Adopt  rules  not  inconsistent  with  the  law  controlling  the 
affairs  of  such  school. 

3.  Prescribe  the  course  of  instruction  and  the  methods  of  in- 
vestigation and  experiments  to  be  followed  in  such  school. 


198  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

The  board  of  trustees  shall  report  to  the  commissioner  of  agricul- 
ture annually,  on  or  before  the  first  day  of  December,  a  detailed 
statement  of  such  expenditures  and  of  the  general  operations  of 
the  said  school  of  agriculture  for  the  year  ending  the  thirtieth  day 
of  September  then  next  preceding,  and  a  copy  of  such  report  shall 
be  transmitted  to  the  legislature.  Students  bona  fide  residents  of 
the  state  of  New  York  for  one  year  preceding  the  date  of  their 
admission  shall  be  entitled  to  free  tuition.  Other  fees  and  charges, 
if  any,  in  the  said  school  of  agriculture,  and  any  moneys  received 
from  tuition  paid  by  students  not  residents  of  the  state  of  IN'ew 
York,  and  from  the  sale  of  products,  shall  be  reported  and  for- 
warded monthly  to  the  state  treasurer  as  required  by  the  state 
finance  law,  and  may  be  reappropriated  toward  the  maintenance  of 
said  school  of  agriculture. 

State  Colleg^e  of  Forestry  at  Syracuse 
University 

L.  1911,  ch.  851.    AN  ACT  to  establish  a  State  College  of  Forestry  at  Syracuse 
University,  and  making  an  appropriation  therefor. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

State  College  of  Forestry  at  Syracuse  University 

Section  1.  Establishment;  corporate  name. 

2.  Objects  and  purposes  of  college. 

3.  Management  and  control  of  college. 

4.  Powers  and  duties  of  boards  of  trustees. 

5.  Property  acquired  to  belong  to  the  state. 

6.  Admission  to  college ;  disposition  of  fees  and  income. 

7.  Time  of  taking  effect. 

§  1.  Fstablislmient ;  corporate  name.  There  is  hereby 
established  at  Syracuse  University  a  state  college  of  forestry,  which 
shall  be  known  as  The  New  York  State  College  of  Forestry  at 
Syracuse  University. 

§  2.  Oojects  and  purposes  of  college.  Such  college  shall 
have  for  its  objects  and  purposes : 

1.  The  conduct  upon  land  acquired  for  such  purpose  of  such  ex- 
periments in  forestry  and  forestation  as  the  board  of  trustees 
deem  most  advantageous  to  the  interests  of  the  state  and  the  ad- 
vancement of  the  science  of  forestry. 

2.  The  planting,  raising,  cutting  and  selling  of  trees  and  timber 
at  such  times,  of  such  specie  and  quantities  and  in  such  manner 


EDUCATIO]?^    LAW  199 

as  the  board  of  trustees  deems  best,  with  a  view  of  obtaining  and 
imparting  knowledge  concerning  the  scientific  management  and 
use  of  forests,  their  regulation  and  administration,  and  the  pro- 
duction, harvesting  and  reproduction  of  wood  crops  and  the  earn- 
ing of  revenue  therefrom. 

§  3.  Management  and  control  of  college.  The  care, 
management  and  control  of  such  college  and  the  property  and 
premises  required  therefor  shall  be  exercised  by  a  board  of  twelve 
trustees.  The  state  forest,  fish  and  game  commissioner,  the  state 
commissioner  of  education  and  the  chancellor  of  Syracuse  Uni- 
versity, shall  be  ex-officio  members  of  the  board  of  trustees.  Of 
the  remaining  nine  members  of  the  board  of  trustees,  three  shall 
be  appointed  by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate,  and  six  by  the  board  of  trustees  of  Syracuse  Uni- 
versity. The  members  appointed  by  the  governor  and  by  the  board 
of  trustees  of  Syracuse  University  shall  be  divided  into  three 
classes,  so  that  the  terms  of  one-third  thereof  shall  expire  on  June 
thirtieth,  nineteen  hundred  and  twelve,  and  one-third  thereof  on 
the  thirtieth  day  of  June  of  each  second  year  thereafter.  Suc- 
cessors to  such  trustees  shall  be  appointed  by  the  governor  and  by 
the  board  of  trustees  of  Syracuse  University  for  full  terms  of  six 
years.  In  case  of  any  vacancy  in  the  office  of  any  appointive 
trustee  his  successor  shall  be  appointed  for  the  unexpired  term  for 
which  he  was  appointed.  The  members  of  the  board  of  trustees 
shall  serve  without  compensation,  but  shall  be  entitled  to  their 
actual  necessary  expenses  incurred  in  the  performance  of  their 
duties. 

§  4.  Poivers  and  duties  of  board  of  trustees.  The 
board  of  trustees  of  such  college  of  forestry  shall  have  the  general 
care,  supervision  and  control  of  such  college  and  of  its  officers,  and 
to  carry  out  its  objects  and  purposes  shall: 

1.  Employ  and  at  pleasure  remove  teachers,  experts  and  all 
necessary  clerks  and  assistants. 

2.  Adopt  rules,  not  inconsistent  with  law,  controlling  the  affairs 
of  such  college. 

3.  Prescribe  the  course  of  instruction  and  the  methods  of  investi- 
gation and  experiments  to  be  followed  in  such  college,  and  the 
degree  to  be  conferred  on  graduation  therefrom. 

4.  Report  to  the  legislature  on  or  before  the  first  day  of  February 
a  detailed  statement  of  the  general  operation  of  such  college  for 
the  year  ending  on  the  thirtieth  day  of  September  then  next 
preceding. 


200  NEW    YOKK    STATE    EDUCATIOT^    DEPAETMENT 

§  5.  Property  acquired  to  belong  to  the  state.     All 

lands  purchased  and  other  property  acquired  with  moneys  appro- 
priated by  the  state  for  such  college  of  forestry  shall  be  and  remain 
the  property  of  the  state.  If  real  property  is  purchased,  the  title 
thereto  shall  be  conveyed  to  the  people  of  the  state  of  New  York, 
and  the  sufficiency  of  such  title  and  the  form  of  conveyance  shall 
be  approved  by  the  attorney-general. 

§  6.  Admission  to  college;  disposition  of  fees  and 
income.  Students  who  are  bona  fide  residents  of  the  state  of  New 
York  for  one  year  preceding  the  date  of  admission  shall  be  entitled 
to  free  tuition  in  such  college.  Other  fees  and  charges,  if  any,  in 
such  college  and  any  moneys  received  from  tuition  paid  by  stu- 
dents not  residents  of  the  state  of  New  York  and  from  the  sale  of 
products  shall  be  reported  and  forwarded  monthly  to  the  state 
treasurer,  as  required  by  the  state  finance  law,  and  may  be  appro- 
priated toward  the  maintenance  of  such  college  of  forestry. 

*§  2.  The  sum  of  forty  thousand  dollars  ($40,000),  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any 
money  in  the  treasury,  not  otherwise  appropriated,  for  the  purpose 
of  acquiring  necessary  lands  for  the  New  York  State  College  of 
Forestry  at  Syracuse  University,  and  the  further  sum  of  fifteen 
thousand  dollars  ($15,000),  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated  for  the  purchasing  of  necessary 
supplies,  the  payment  of  the  salaries  of  teachers,  experts  and  other 
assistants,  and  the  other  necessary  expenses  of  such  college.  The 
moneys  hereby  appropriated  shall  be  payable  by  the  treasurer  on 
the  warrant  of  the  comptroller  on  .the  order  of  the  board  of  trustees 
of  such  college. 

§  7.  Time  of  taking  effect.  This  act  shall  take  effect 
immediately. 

ARTICLE  43-A 

Retirement  Fund  for  Teacliers  in  State 
Institutions 

[Article  inserted  by  L.  1910,  ch.  441,  in  effect  June  8,  1910.] 

Section  1095.  Eetirement  of  certain  teachers  in  state  institutions. 

1096.  Certificate  of  retirement  upon  application. 

1097.  Eetirement   upon    recommendation    of   governin.? 

body  of  institution  where  teacher  is  employed. 

1098.  Amount  to  be  paid  to  such  retired  teachers. 

1099.  Time  and  manner  of  payments. 

*  So  in  original. 


EDUCATION"   LAW  201 

§  1095.  Retirement  of  certain  teachers  in  state 
institutions.  Every  person  who,  for  a  period  of  ten  years 
immediately  preceding,  has  been  employed  by  the  state  as  a 
teacher  in  any  college,  school  or  institution  maintained  and  sup- 
ported by  the  state  and  who  shall  have  been  engaged  in  teaching 
in  some  college,  university,  school,  academy  or  institution  or  in 
the  public  schools  of  this  state  or  elsewhere  during  a  period 
aggregating  thirty  years  and  has  reached  the  age  of  seventy  years 
must,  at  his  request,  or  may  on  the  order  of  tht  commissioner  of 
education,  be  retired  from  such  employment. 

§  1096.  Certificate  of  retirement  upon  application. 
Every  such  person  desiring  to  be  retired  under  the  provisions  of 
section  ten  hundred  and  ninety-five  of  this  chapter  shall  present 
to  and  file  with  the  commissioner  of  education  an  affidavit  signed 
by  himself,  or,  in  case  he  is  mentally  or  physically  incapable  of 
making  such  affidavit,  the  affidavit  of  some  person  or  persons 
acquainted  with  the  facts,  setting  forth  the  number  of  years  of 
such  employment,  the  place  or  places  where  employed,  the  salary 
received  by  the  applicant  at  the  last  place  of  employment,  and 
upon  the  filing  of  such  affidavits,  the  commissioner  of  education, 
if  he  shall  be  satisfied  of  the  truth  of  the  affidavit,  shall  issue  tQ 
such  applicant  a  certificate  that  such  applicant  has  been  retired 
from  active  service  as  a  teacher. 

§  1097.  Retirement  upon  recommendation  of  gov- 
erning body  of  institution  ivhere  teacher  is  em- 
ployed. Upon  the  recommendation  of  a  majority  of  the  mem- 
bers of  the  board  or  governing  body  having  in  charge  any  such 
college,  school  or  institution,  that  a  member  of  the  teaching  force 
be  retired  on  account  of  mental  or  physical  incapacity  for  the 
performance  of  duty,  the  commissioner  of  education  may  retire 
such  person  and  issue  to  such  person  the  certificate  set  forth  in 
section  ten  hundred  and  ninety-six  of  this  chapter,  provided  such 
person  has  been  employed  by  the  state  for  ten  years  immediately 
preceding  as  a  teacher  in  any  college,  school  or  institution  main- 
tained and  supported  by  the  state  and  has  been  engaged  in  teach- 
ing in  some  college,  university,  school,  academy  or  institution  or 
in  the  public  schools  of  this  state  or  elsewhere  during  a  period 
aggregating  thirty  y.ears,  or,  having  reached  the  age  of  sixty-five 
years,  during  a  period  aggregating  twenty  years. 

§  1098.  Amount  to  be  paid  to  such  retired  teacher. 
Every  person  who  shall  be  retired  under  the  provisions  of  this 
article  shall  be  entitled  to  receive  from  the  state  one-half  the 


202  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

salary  whicli  such  person  was  receiving  at  the  date  of  such  retire- 
ment, not  to  exceed,  however,  in  the  case  of  a  supervising  official, 
or  principal,  one  thousand  dollars,  and  in  the  case  of  a  teacher, 
seven  hundred  and  fifty  dollars.  In  no  case  shall  the  payment  to 
any  person  retired  hereunder  be  less  than  the  sum  of  three  hun- 
dred dollars. 

§  1099.  Time  and  manner  of  payments.  The  pay- 
ment of  the  amounts  provided  in  this  article  to  be  paid  shall  be 
made  by  the  state  treasurer  on  the  warrant  of  the  comptroller 
on  the  audit  of  the  commissioner  of  education.  Payments  shall 
be  made  quarterly  commencing  with  the  first  quarter  after  the 
date  of  issue  of  the  certificate  of  such  retirement.  The  com- 
missioner of  education  shall  make  and  enforce  such  rules  and 
regulations,  not  inconsistent  with  the  provisions  of  this  article,  as 
he  shall  deem  necessary  for  properly  safeguarding  all  payments 
thereunder,  including  vouchers  to  be  signed  by  the  person  to  whom 
such  payment  is  made. 

ARTICLE  43-B 

[Article  inserted  by  L.  1911,  ch.  449,  in  effect  August  1,  1911.] 
State  Teachers'  Retirement  Fund  for  Public  Sicliool 

Teachers. 

Section  1100.  Definitions. 

1101.  Establishment  of  state  teachers'  retirement  fund. 

1102.  State  teachers'  retirement  fund  board. 

1103.  Vacancies;  resignations;  removal  from  office. 

1104.  Officers   of   board;    salaries    and   expenses;    meet- 

ings. 

1105.  State   treasurer  ex-officio   treasurer   of  fund;    in- 

vestments. 

1106.  Powers  of  board. 

1107.  Eules  of  board. 

1108.  Contributions   by   teachers;    deductions   from   sal- 

aries. 
11'08-a.  Method  of  payment  into  state  treasury. 

1109.  Retirement  of  teachers. 

1109-a.  ^Application  of  article  to  certain  counties,  cities 

and  districts ;  voluntary  contributions. 
1109-b.  Application  of  article  to  certain  counties,  cities 
and  districts;  voluntary  contributions. 
§    1100.   Definitions.     The  word  "  teacher  ''as  used  in  this 
article  includes  teachers  and  principals  employed  in  public  schools 

*  So  in  original. 


EDUCATION   LAW  203 

of  the  cities  and  school  districts  of  the  state  and  shall  also  include 
superintendents  employed  as  provided  by  law  in  cities  and  union 
free  school  districts  having  a  population  of  five  thousand  or  more. 
The  words  "  retirement  fund  "  as  used  in  this  article  shall  mean 
the  I^ew  York  state  teachers'  retirement  fund  for  public  school 
teachers  as  established  by  this  article. 

§  1101.  Ustablishment  of  state  teachers'  retire- 
ment fund.  There  is  hereby  established  the  New  York  state 
teachers'  retirement  fund  for  public  school  teachers  which  shall 
consist  of: 

1.  All  contributions  made  by  teachers  as  hereinafter  provided. 

2.  The  income  or  interest  derived  from  the  investment  of  the 
moneys  contained  in  such  fund. 

3.  All  donations,  legacies,  gifts  and  bequests  which  shall  be 
made  to  such  fund,  and  all  moneys  which  shall  be  obtained  from 
other  sources  for  the  increase  of  such  fund. 

4.  Appropriations  made  by  the  state  legislature  from  time  to 
time  to  carry  into  effect  the  purposes  of  such  fund,  and  which  ap- 
propriations when  made  shall  be  paid  into  such  fund  and  may 
be  expended  in  the  same  manner  as  other  moneys  belonging  thereto. 

§  1102.  State  teachers'  retirement  fund  board.  The 
state  teachers'  retirement  fund  board  shall  consist  of  five  members 
to  be  appointed  by  the  commissioner  of  education  as  hereinafter 
provided.  One  of  such  members  shall  be,  at  the  time  of  his  ap- 
pointment, a  superintendent  of  schools  in  a  city  or  district;  one 
shall  be  at  the  time  of  his  appointment  an  academic  principal,  and 
one  shall  be  at  the  time  of  his  appointment  a  teacher  engaged  in 
teaching  in  an  elementary  school.  At  least  one  of  such  members 
shall  be  a  woman  teacher  in  the  public  schools.  Such  appointments 
shall  be  made  within  ten  days  after  this  act  takes  eifect.  The  mem- 
bers of  such  board  first  appointed  shall  hold  office  for  terms  of  one, 
two,  three,  four  and  five  years  from  January  first,  nineteen  hun- 
dred and  twelve,  to  be  designated  by  the  commissioner  of  educa- 
tion when  he  appoints  such  members.  Their  successors  shall  be 
appointed  for  terms  of  five  years..  A  vacancy  occurring  in  the 
office  of  any  member  shall  be  filled  for  the  unexpired  term. 

§  1103.  Vacancies;  resignations;  removal  from 
o£B.ce.  A  vacancy  in  the  office  of  a  member  of  the  board  shall  be 
created  by  death,  resignation,  refusal  to  serve,  removal  from  office, 
or  absence  from  the  state  for  a  period  of  one  year.  A  member  of 
such  board  may  resign  by  written  resignation  submitted  to  the  com- 


204  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

missioner  of  education  and  accepted  by  him.  The  commissioner 
of  education  may  remove  a  member  of  such  board  for  cause,  after 
service  upon  him  of  written  charges  and  an  opportunity  to  be  heard 
in  defense  thereof. 

§  1104.  0£B.cers  of  board;  salaries  and  expenses; 
meetings.  There  shall  be  a  president,  vice-president  and  secre- 
tary of  such  board,  to  be  elected  by  a  majority  vote  of  the  members 
of  the  board.  The  president  and  vice-president  shall  be  elected  for 
terms  of  one  year.  The  term  of  office  of  the  secretary  shall  be  fixed 
by  the  board.  The  secretary  need  not  be  a  member  of  the  board. 
His  salary  or  compensation  shall  be  prescribed  by  the  board,  not  ex- 
ceeding two  thousand  dollars  a  year,  subject  to  the  approval  of  the 
commissioner  of  education.  The  members  of  the  board  shall  serve 
without  compensation,  but  they  shall  be  entitled  to  their  expenses 
actually  incurred  in  attending  the  meetings  of  the  board  and  in 
performing  services  as  members  thereof. 

The  board  shall  meet  annually  in  the  education  building  at  Al- 
bany, on  the  second  Wednesday  in  January,  and  shall  have  stated 
meetings  at  the  same  place,  at  least  once  in  each  three  months,  as 
determined  by  the  regulations  of  the  board.  If  a  member  of  the 
board  be  absent  from  two  consecutive  stated  meetings  without  a 
reasonable  excuse  for  such  absence,  accepted  by  the  board,  his  office 
shall  be  declared  vacant  by  the  commissioner  of  education,  upon 
notice  being  received  by  him  of  such  unexcused  absences,  and  such 
vacancy  shall  be  filled  as  hereinbefore  provided. 

§  1105.  State  treasurer  ex-oflGLcio  treasurer  of 
fund;  investments.  The  state  treasurer  shall  be  ex-officio 
treasurer  of  the  retirement  fund  and  shall  be  the  custodian  thereof. 
The  moneys  belonging  thereto  shall  be  deposited  by  him  in  banks 
or  trust  companies  and  the  law  relating  to  the  deposit  of  state 
funds  in  such  banks  and  trust  companies  shall  apply  so  far  as  may 
be  to  the  deposit  of  moneys  belonging  to  the  said  retirement  fund. 
The  state  teachers'  retirement  fund  board  shall  determine  from 
time  to  time  as  to  what  portion  of  the  retirement  fund  shall  be 
permanently  invested.  Such  fund  shall  only  be  invested  in  those 
securities  in  which  the  trustees  of  a  savings  bank  may  invest  the 
moneys  deposited  therein,  as  provided  by  section  one  hundred  and 
forty-six  of  the  banking  law.  When  such  board  shall  determine 
that  any  portion  of  said  fund  should  be  so  invested,  it  shall  by 
resolution,  duly  adopted  by  a  majority  vote  of  the  members  of  the 
board,  direct  the  treasurer  to  invest  such  portion  of  the  fund  in 
any  of  said  securities. 


EDUCATION    LAW  205 

§  1106.  Powers  of  board.  The  state  teachers'  retirement 
fund  board,  subject  to  the  provisions  of  this  article  and  of  any 
other  statute,  shall  have  power: 

1.  To  appoint  and  employ  such  officers  and  employees  as  may  be 
necessary  to  carry  into  effect  the  provisions  of  this  article,  and  fix 
their  compensation. 

2.  To  prescribe  the  duties  of  its  secretary  and  other  officers  and 
employees. 

3.  To  conduct  investigations  into  all  matters  relating  to  the 
operation  of  this  article,  and  subpoena  witnesses  and  compel  their 
attendance  to  testify  before  it  in  respect  to  such  matters,  and  any 
member  of  the  board  may  administer  oaths  or  affirmations  to  such 
witnesses. 

4.  To  require  boards  of  education,  trustees,  and  other  school 
authorities,  and  all  officers,  having  duties  to  perform  in  i-espect  to 
contributions  by  teachers  to  the  retirement  fund,  to  report  to  the 
board  from  time  to  time,  as  to  such  matters  pertaining  to  the  pay- 
ment of  such  contributions,  as  it  shall  deem  advisable,  and  may 
prescribe  the  form  of  such  reports. 

5.  To  draw  its  warrants  upon  the  state  treasurer  for  the  pay- 
ment of  annuities  to  teachers  who  have  been  retired  as  provided  in 
this  article,  and  for  the  purchase  of  such  securities  as  the  board 
shall  have  decided  to  purchase  as  provided  in  this  article.  No 
payments  shall  be  made  from  the  teachers'  retirement  fund  except 
by  warrant  signed  by  the  president  of  the  board,  drawn  after  reso- 
lution duly  adopted  at  a  meeting  of  the  board  by  a  majority  of  its. 
members,  which  adoption  shall  be  attested  by  the  secretary  of  the 
board. 

§  1107.  Rules  of  board.  The  state  teachers'  retirement 
fund  board  shall  make  rules  not  inconsistent  with  the  provisions  of 
this  article  which,  when  approved  by  the  commissioner  of  educa- 
tion, shall  have  the  force  and  effect  of  law.     Such  rules  shall 

1.  Provide  for  the  conduct  and  regulation  of  the  meetings  of 
the  board  and  the  transaction  of  the  business  thereof. 

2.  Provide  for  the  enforcement  and  carrying  into  effect  of  the 
provisions  of  this  article. 

3.  Prescribe  the  manner  of  payment  of  contributions  by 
teachers  to  the  retirement  fund,  and  the  payment  of  annuities 
therefrom. 

4.  Establish  a  system  of  accounts  showing  the  condition  of  such 
fund,  and  receipts  and  expenditures. 


206  NEW    YORK    STATE    EDUCATION"    DEPARTMENT 

6.  Prescribe  the  method  of  making  payments  from  such  fund 
to  annuitants  and  giving  receipts  for  such  payments. 

6.  Prescribe  the  forms  of  warrants,  vouchers,  receipts,  reports 
and  accounts  to  be  used  by  annuitants  and  officers  having  duties 
to  perform  in  respect  to  such  fund. 

7.  Regulate  the  duties  of  boards  of  education,  trustees,  and 
other  officers  imposed  upon  them  by  this  article,  in  respect  to  the 
contributions  by  teachers  to  the  retirement  fund,  and  the  deduc- 
tion of  such  contributions  from  teachers^  salaries. 

§  1108.  Contributions  by  teachers;  deductions 
from  salaries.  All  teachers  employed  in  the  public  schools  in 
this  state  except  in  those  counties,  districts  or  cities  in  which 
provision  is  already  made  by  statute  for  the  retirement  of  public 
school  teachers  and  the  payment  of  annuities  or  pensions  to  such 
teachers,  who  enter  into  contracts  for  such  employment  after  the 
date  on  which  this  act  takes  effect,  shall  contribute  to  the  teachers' 
retirement  fund  one  per  centum  of  the  salaries  to  be  paid  to  such 
teachers  annually  according  to  the  terms  of  such  contracts.  On 
and  after  such  date  all  such  contracts  shall  be  deemed  to  have  been 
made  subject  to  the  provisions  of  this  article,  and  the  requirement 
as  to  such  contribution  shall  become  a  part  of  and  enter  into  all 
such  contracts.  Any  teacher  employed  under  a  contract  entered 
into  prior  to  the  taking  effect  of  this  act  may  elect  to  contribute 
one  per  centum  annually  of  the  salary  paid  pursuant  to  such  con- 
tract and  shall  thereupon  become  entitled  to  all  the  privileges 
conferred  by  this  article. 

Boards  of  education,  trustees  and  other  school  authorities  having 
duties  to  perform  in  respect  to  the  payment  of  salaries  to  public 
school  teachers  in  their  districts  or  cities,  shall  cause  to  be  deducted 
from  each  warrant  or  order  issued  to  any  of  such  teachers  for  the 
payment  of  the  salary  of  such  teachers,  the  amount  due  by  such 
teacher  to  the  teachers'  retirement  fund. 

§  1108-a.  Method  of  payment  into  state  treasury. 
1.  The  school  commissioner  of  each  school  commissioner  district 
shall  include  in  his  annual  report  to  the  commissioner  of  education, 
a  statement  showing  the  amount  required  to  be  deducted  from  the 
salaries  of  teachers  in  each  school  district  under  his  supervision, 
under  section  eleven  hundred  and  eight  of  this  act. 

2.  The  superintendent  of  schools  of  each  city  shall  also  include 
in  his  annual  report  to  the  commissioner  of  education,  a  state- 
ment showing  the  amount  required  to  be  deducted  under  the  pro- 


EDUCATION    LAW  207 

visions  of  section  eleven  hundred  and  eight  of  this  act  from  the 
salaries  of  teachers  employed  in  such  city. 

3.  The  school  commissioner  of  each  school  commissioner  dis- 
trict and  the  superintendent  of  each  city  shall  file  with  the  treas- 
urer of  the  county  in  which  such  school  commissioner  district  or 
city  is  located,  a  statement  showing  the  amount  respectively  re- 
ported by  them  to  the  commissioner  of  education  as  provided  in 
subdivisions  one  and  two  of  this  section  as  being  the  amount  re- 
quired to  be  deducted  from  the  salaries  of  teachers  in  their 
respective  school  commissioner  districts  and  cities  under  the  pro- 
visions of  section  eleven  hundred  and  eight  of  this  act.  Such 
statements  to  the  county  treasurer  shall  also  respectively  show  the 
aggregate  amount  required  to  be  so  deducted  from  the  salaries  of 
teachers  employed  in  each  school  commissioner  district  in  each 
town  in  such  school  commissioner  district  and  from  the  salaries 
of  teachers  employed  in  each  city. 

4.  The  school  commissioner  of  each  school  commissioner  district 
shall  file  with  the  supervisor  of  each  town  within  such  school  com- 
missioner district  at  the  time  he  files  his  certificate  of  appor- 
tionment of  public  school  moneys,  a  statement  showing  the  amount 
required  to  be  deducted  from  the  salaries  of  the  teachers  employed 
in  each  school  district  in  such  town.  The  superintendent  of  each 
city  shall  file  with  the  chamberlain  or  treasurer  of  such  city  a 
duplicate  of  the  certificate  which  he  is  required  to  file  with  the 
county  treasurer  under  subdivision  three  of  this  section. 

5.  When  the  commissioner  of  education  apportions  the  money 
appropriated  by  the  legislature  for  the  support  of  common  schools 
to  the  several  counties  of  tne  state,  he  shall  cause  to  be  determined 
from  the  official  reports  of  school  commissioners  and  city  superin- 
tendents the  amount  required  to  be  deducted  from  the  salaries  of 
the  teachers  employed  in  each  county  who  come  under  the  pro- 
visions of  this  act  as  required  by  section  eleven  hundred  and  eight. 

6.  The  commissioner  of  education  shall  include  in  the  certifi- 
cate which  he  files  with  the  comptroller  showing  the  amount  of 
state  funds  apportioned  for  the  support  of  common  schools  to  each 
county,  a  statement  showing  the  amount  required  to  be  deducted 
from  the  salaries  of  teachers  in  each  of  such  counties,  as  required 
under  section  eleven  hundred  and  eight  of  this  act. 

7.  The  comptroller  shall  issue  his  warrant  to  the  state  treas- 
urer directing  such  treasurer  to  credit  to  the  retirement  fund 
created  herein  from  the  appropriation  for  the  support  of  common 
schools  an  amount  equal  to  the  aggregate  amount  required  to  be 


208  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

deducted  from  the  salaries  of  teachers  in  the  several  counties  of 
the  state  as  shown  by  the  certificate  of  the  commissioner  of  edu- 
cation filed  with  him  as  directed  in  subdivision  six  of  this  section. 

8.  The  comptroller,  in  issuing  his  warrant  to  the  state  treas- 
urer for  the  payment  to  each  county  of  that  portion  of  the  moneys 
appropriated  for  the  support  of  common  schools  and  payable  on 
or  before  March  first  of  each  year,  shall  deduct  therefrom  an 
amount  equal  to  the  amount  required  to  be  deducted  from  the 
salaries  of  teachers  as  shown  by  the  certificate  of  the  commis- 
sioner of  education  filed  with  the  comptroller  as  required  by  sub- 
divisino  six  of  this  section. 

9.  The  county  treasurer  of  each  county  when  paying  to  the 
supervisors  of  the  towns  of  such  county  and  to  the  chamberlain 
or  treasurer  of  a  city  in  such  county  the  first  half  of  the  money 
apportioned  annually  for  the  support  of  common  schools  shall 
deduct  from  the  amount  apportioned  to  each  town  and  city  an 
amount  equal  to  the  amount  to  be  deducted  from  the  salaries  of 
the  teachers  in  such  town  or  city  as  shown  by  the  certificate  of  the 
school  commissioners  and  city  superintendents  filed  with  such 
treasurer  as  directed  by  subdivision  three  of  this  section. 

10.  The  supervisor  of  each  town  shall  pay  to  the  collector  or 
treasurer  of  each  school  district  in  such  town  or  to  the  teachers 
employed  in  such  districts  toward  their  salaries  on  the  order  of 
the  trustees  of  such  districts  the  amount  apportioned  to  such  dis- 
tricts respectively  less  the  amount  required  to  be  deducted  from 
the  salaries  of  the  teachers  in  such  districts  as  shown  by  the 
certificate  of  the  school  commissioner  filed  with  such  supervisors 
as  directed  by  subdivision  four  of  this  section. 

§  1109.  Retirement  of  teachers.  1.  A  teacher  who  has 
taught  in  public  schools  for  a  period  of  twenty-five  years,  at  least 
the  last  fifteen  years  of  which  period  shall  have  been  taught  in 
the  public  schools  in  those  districts  or  cities  in  this  state  which  are 
subject  to  the  provisions  of  this  article  shall,  upon  his  retirement 
from  actual  service  as  such  teacher,  on  and  after  August  first, 
nineteen  hundred  and  thirteen,  be  entitled  to  an  annuity  of  a 
sum  equal  to  one-half  of  the  annual  salary  paid  to  such  teacher  at 
the  time  of  such  retirement,  provided  that  no  annuity  shall  exceed 
the  sum  of  six  hundred  dollars. 

2.  A  teacher  who  has  taught  in  public  schools  for  a  period  of 
fifteen  years,  at  least  the  last  nine  of  which  were  taught  in  the 
public  schools  in  those  districts  or  cities  which  are  subject  to 


EDUCATION    LAW  209 

this  article,  who  is  either  physically  or  mentally  incapable  of 
teaching  may  be  retired,  and  shall,  upon  his  retirement,  be  en- 
titled to  an  annuity  of  as  many  twenty-fifths  of  the  full  annuity 
for  twenty-five  years  as  said  teacher  has  taught  years. 

3.  Such  retirement  may  be  had  on  the  request  of  the  teacher,  or 
upon  the  request  of  a  board  of  education  in  a  city  or  union  free 
school  district.  A  request  for  retirement  shall  be  made  in  writing 
addressed  to  state  teachers'  retirement  fund  board,  accompanied  by 
evidence  showing  that  the  teacher  named  therein  is  entitled  to 
retirement,  and  that  he  has  complied  with  the  provisions  of  this 
article  and  the  rules  of  the  board  relating  to  the  payment  of 
annuities.  The  board  shall  pass  upon  all  requests  for  retirement, 
and  shall  determine  whether  such  requests  should  be  granted. 

4.  All  determinations  of  the  board  relative  to  such  requests  and 
the  payment  of  annuities  to  teachers  shall  be  subject  to  appeal  to 
the  commissioner  of  education.  The  provisions  of  article  thirty- 
four  of  the  education  law,  relative  to  appeals,  shall  apply  to 
appeals  from  such  determinations. 

§  1109-a.  Payment  of  annuities.  1.  A  teacher  shall 
not  be  entitled  to  an  annuity  who  has  not  contributed  to  the  retire- 
ment fund  an  amount  equal  to  at  least  thirty  per  centum  of  his 
annuity.  But  a  teacher  who  is  otherwise  entitled  to  retirement  and 
an  annuity  under  this  article,  may  become  an  annuitant  and  en- 
titled to  an  annuity  by  making  a  cash  payment  to  the  retirement 
fund  of  an  amount  which  when  added  to  his  previous  contributions 
to  such  fund,  will  equal  thirty  per  centum  of  his  annuity. 

2.  In  case  a  teacher  who  shall  retire  or  be  retired,  is  unable  to 
pay  in  advance  the  sum  required  to  make  up  the  said  thirty  per 
centum  of  the  annuity,  the  payment  of  such  annuity  may  be  with- 
held until  the  portion  of  the  annuity  withheld  shall  equal  the  sum 
required  to  make  up  said  thirty  per  centum  of  the  annuity. 

3.  Annuities  shall  be  paid  quarterly  to  the  teachers  entitled 
thereto,  upon  the  warrants  or  orders  signed  by  the  president  and 
secretary  of  the  state  teachers'  retirement  board.  Vouchers  or  re- 
ceipts shall  be  signed  in  duplicate  by  annuitants  upon  receiving 
the  money  paid  to  them.  Such  duplicate  receipts  shall  be  returned 
to  the  secretary  of  the  board,  and  one  of  them  shall  be  retained  in 
his  office  and  the  other  shall  be  filed. in  the  office  of  the  state 
treasurer. 

4.  Each  annuity  shall  date  from  the  time  when  the  state 
teachers'  retirement  board  shall  take  action  upon  the  request  made 
as  herein  provided  for  the  retirement  of  the  annuitant. 


210  NEW    YOEK    STATE    EDUCATION    DEPARTMENT 

§  1109-b.  Application  of  article  to  certain  counties, 
cities  and  districts;  voluntary  contributions.  This 
article  shall  not  apply  to  any  county,  city  or  district  in  which  the 
teachers  in  the  public  schools  thereof  are  required  or  authorized 
to  contribute  to  a  teachers'  retirement  fund,  or  in  which  such 
teachers  are  entitled  to  annuities  or  pensions,  in  accordance  with 
any  special  or  local  act  applicable  to  such  county,  city  or  district. 
Provided,  that  whenever  the  state  teachers'  retirement  fund  board 
is  satisfied  that  more  than  two-thirds  of  all  the  teachers  employed 
in  the  public  schools  of  any  such  county,  city  or  district  are  willing 
to  become  subject  to  this  article,  as  shown  by  a  petition  duly  signed 
and  verified  by  such  teachers,  such  board  shall  issue  its  order 
directing  that  on  and  after  the  date  thereof  this  article  shall  apply 
to  such  county,  city  or  district.  A  copy  of  such  order  shall  be 
mailed  to  the  several  teachers  employed  in  the  county,  city  or 
district  to  which  such  order  relates  and  to  the  boards  of  education, 
trustees  or  other  school  authorities  therein,  and  thereupon  the 
provisions  of  this  article  shall  apply  to  such  county,  city  or  district 
to  the  same  extent  and  for  the  same  purposes  as  to  the  other 
counties,  cities  and  districts  of  the  state.  Thereupon  the  organiza- 
tion or  society  created  under  the  said  local  or  special  act  applicable 
to  a  county,  city  or  district  shall  be  dissolved  and  discontinued  and 
the  treasurer  or  other  custodian  of  the  funds  of  such  organization 
or  society  shall  pay  into  the  state  treasury  any  funds  in  his  pos- 
session belonging  to  the  said  organization  or  society,  after  paying 
any  outstanding  obligations  other  than  annuities.  Such  funds 
shall  be  credited  to  the  retirement  fund  provided  for  herein.  All 
persons  who  had  been  placed  upon  the  retired  list  pursuant  to  the 
provisions  of  such  local  or  special  act,  previous  to  the  date  when 
such  local  organization  or  society  determined  to  come  under  the 
provisions  of  this  act,  shall  become  annuitants  under  this  act  and 
shall  be  entitled  to  receive  the  same  amount  which  they  would 
have  been  entitled  to  receive  under  the  provisions  of  their  retire- 
ment under  said  local  or  special  act  had  such  organization  or  so- 
ciety created  thereunder  not  been  dissolved  and  discontinued. 
Upon  the  execution  and  service  of  such  order  the  teachers  em- 
ployed in  the  county,  city  or  district  to  which  such  order  relates, 
shall  contribute  one  per  centum  of  their  salaries  to  the  retirement 
fund  and  they  shall  be  entitled  to  all  the  privileges  thereof,  under 
the  conditions  and  restrictions  imposed  by  this  article  and  the 
rules  of  the  board. 


EDUCATION    LAW  211 

ARTICLE  44 
Libraries 

Section  1110.  State  library,  how  constituted. 

1111.  State  medical  library. 

1112.  Manuscript  and  records  ^^on  file." 

1113.  State  library,  when  open;  use  of  books. 

1114.  Duplicate  department. 

1115.  Transfers  from  state  officers. 

1116.  Other  libraries  owned  by  the  state. 

1117.  Public  and  free  libraries  and  museums. 

1118.  Establishment. 

1119.  Acceptance  of  conditional  gift, 

1120.  Subsidies. 

1121.  Closing  of  museum;  admission  fee  during  certain 

hours. 

1122.  Taxes. 

1123.  Trustees. 

1124.  Incorporation. 

1125.  Use  of  free  public  libraries. 

1126.  Eeports. 

1127.  Injuries  to  property. 

1128.  Detention. 

1129.  Transfer  of  libraries. 

1130.  Local  neglect. 

1131.  Loans  of  books  from  state. 

1132..  Advice  and  instruction  from  state  library  officers. 

1133.  Apportionment  of  public  library  money. 

1134.  Abolition. 

1135.  Use  and  care  of  school  library. 

1136.  Existing  rules  continued  in  force. 

1137.  Authority  to  raise  and  receive  money  for  school 

library. 

1138.  Authority   to  transfer   school  library  property  to 

free  public  library. 

1139.  Transfer  of  property  not  in  charge  of  librarian. 

1140.  Provision  for  change  to  circulating  library. 

1141.  Penalty  for  disobedience  to  library  law,  rules  or 

orders. 

§  1110.    State  library,  how  constituted.     All  books, 
pamphlets,  manuscripts,  records,  archives  and  maps,  and  all  other 


212  NEW    YORK    STATE    EDUCATIOTsT    DEPARTMENT 

property  appropriate  to  a  general  library,  if  owned  by  the  state 
and  not  placed  in  other  custody  by  law,  shall  be  in  charge  of  the 
regents  and  constitute  the  state  library. 

§1111.  Srtate  medical  library.  The  state  medical  library 
shall  be  a  part  of  the  New  York  state  library  under  the  same 
government  and  regulations  and  shall  be  open  for  consultation  to 
every  citizen  of  the  state  at  all  hours  when  the  state  library  is 
open  and  shall  be  available  for  borrowing  books  to  every  accred- 
ited physician  residing  in  the  state  of  JSTew  York,  who  shall 
conform  to  the  rules  made  by  the  regents  for  insuring  proper  pro- 
tection and  the  largest  usefulness  to  the  people  of  the  said  medical 
library. 

§  1112.  Manuscript  and  records  "on  file."  Manu- 
script or  printed  papers  of  the  legislature,  usually  termed  ''  on 
file,"  and  which  shall  have  been  on  file  more  than  five  years  in 
custody  of  the  senate  and  assembly  clerks,  and  all  public  records 
of  the  state  not  placed  in  other  custody  by  a  specific  law  shall  be 
part  of  the  state  library  and  shall  be  kept  in  rooms  assigned  and 
suitably  arranged  for  that  purpose  by  the  trustees  of  public  build- 
ings. The  regents  shall  cause  such  papers  and  records  to  be  so 
classified  and  arranged  that  they  can  be  easily  found,  l^o  paper 
or  record  shall  be  removed  from  such  files  except  on  a  resolution 
of  the  senate  and  assembly  withdrawing  them  for  a  temporary  pur- 
pose, and  in  case  of  such  removal  a  description  of  the  paper  or 
record  and  the  name  of  the  person  removing  the  same  shall  be 
entered  in  a  book  provided  for  that  purpose,  with  the  date  of  its 
delivery  and  return. 

§  1113.  State  library,  when  open;  use  of  books.  The 
state  library  shall  be  kept  open  not  less  than  eight  hours  every 
week  day  in  the  year  except  the  legal  holidays  known  as  Inde- 
pendence day,  Thanksgiving  day  and  Christmas  day,  and  members 
of  the  legislature,  judges  of  the  court  of  appeals,  justices  of  the 
supreme  court,  and  heads  of  state  departments  may  borrow  from 
the  library  books  for  use  in  Albany,  but  shall  be  subject  to  such 
restrictions  and  penalties  as  may  be  prescribed  by  the  regents  for 
the  safety  or  greater  usefulness  of  the  library.  Others  shall  be 
entitled  to  use  or  borrow  books  from  the  library  only  on  such  con- 
ditions as  the  regents  shall  prescribe. 

§  1114.  Duplicate  department.  The  regents  shall 
have  charge  of  the  preparation,  publication  and  distribution, 
whether  by  sale,  exchange  or  gift,  of  the  colonial  history,  natural 


EDUCATION    LAW  213 

history  and  all  other  state  publications  not  otherwise  assigned  by 
law.  To  guard  against  waste  or  destruction  of  state  publications, 
and  to  provide  for  the  completion  of  sets  to  be  permanently  pre- 
served in  American  and  foreign  libraries,  the  regents  shall  main- 
tain a  duplicate  department  to  which  each  state  department, 
bureau,  board  or  commission  shall  send  not  less  than  five  copies 
of  each  of  its  publications  when  issued,  and  after  completing  its 
distribution,  any  remaining  copies  which  it  no  longer  requires. 
The  above,  with  any  other  publications  not  needed  in  the  state 
library,  shall  be  the  duplicate  department,  and  rules  for  sale,  ex- 
change or  distribution  from  it  shall  be  fixed  by  the  regents,  who 
shall  use  all  receipts  from  such  exchanges  or  sales  for  expenses 
and  for  increasing  the  state  library. 

§  1115.  Transfers  from  state  officers.  The  librarian 
of  any  library  owned  by  the  state,  or  the  ofiicer  in  charge  of  any 
state  department,  bureau,  board,  commission  or  other  office  may, 
with  the  approval  of  the  regents,  transfer  to  the  permanent  custody 
of  the  state  library  or  museum  any  books,  papers,  maps,  manu- 
scripts, specimens  or  other  articles  which,  because  of  being  dupli- 
cates or  for  other  reasons,  will  in  his  judgTQent  be  more  useful  to 
the  state  in  the  state  library  or  museum  than  if  retained  in  his 
keeping. 

§  1116.  Other  libraries  owned  by  tbe  state.  The 
report  of  the  state  library  to  the  legislature  shall  include  a  state- 
ment of  the  total  number  of  volumes  or  pamphlets,  the  number 
added  during  the  year,  with  a  summary  of  operations  and  condi- 
tions, and  any  needed  recommendation  for  safety  or  usefulness  for 
each  of  the  other  libraries  owned  by  the  state,  the  custodian  of 
which  shall  furnish  such  information  or  facilities  for  inspection 
as  the  regents  may  require  for  making  this  report.  Each  of  these 
libraries  shall  be  under  the  sole  control  now  provided  by  law,  but 
for  the  annual  report  of  the  total  number  of  books  owned  by  or 
bought  each  year  by  the  state,  it  shall  be  considered  as  a  branch 
of  the  state  library  and  shall  be  entitled  to  any  facilities  for  ex- 
change of  duplicates,  inter-library  loans  or  other  privileges  prop- 
erly accorded  to  a  branch. 

§  1117.  Public  and  free  libraries  and  museums. 
All  provisions  of  this  section  and  of  sections  eleven  hundred  and 
eighteen  to  eleven  hundred  and  thirty-four  inclusive  shall  apply 
equally  to  libraries,   museums,   and  to   combined   libraries   and 


214  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

museums,  and  the  word  "  library ''  shall  be  construed  to  include 
reference  and  circulating  libraries  and  reading-rooms. 

§  1118.  Establisliiiient.  By  majority  vote  at  any  election, 
any  city,  village,  town,  school  district,  or  other  body  authorized 
to  levy  and  collect  taxes,  or  by  vote  of  its  common  council,  or  by 
action  of  a  board  of  estimate  and  apportionment  or  other  proper 
authority,  any  city,  or  by  vote  of  its  trustees,  any  village,  may 
establish  and  maintain  a  free  public  library,  with  or  without 
branches,  either  by  itself  or  in  connection  with  any  other  body 
authorized  to  maintain  such  library.  Whenever  twenty-five  tax- 
payers shall  so  petition,  the  question  of  providing  library  facilities 
shall  be  voted  on  at  the  next  election  or  meeting  at  which  taxes 
may  be  voted,  provided  that  due  public  notice  shall  have  been  given 
of  the  proposed  action.  A  municipality  or  district  named  in  this 
section  may  raise  money  by  tax  to  establish  and  maintain  a  public 
library  or  libraries,  or  to  provide  a  building  or  rooms  for  its  or 
their  use,  or  to  share  the  cost  as  agreed  with  other  municipal  or 
district  bodies,  or  to  pay  for  library  privileges  under  a  contract 
therefor.  It  may  also  acquire  real  or  personal  property  for  library 
purposes  by  gift,  grant,  devise  or  condemnation,  and  may  take, 
buy,  sell,  hold  and  transfer  either  real  or  personal  property  and 
administer  the  same  for  public  library  purposes.  A  board  of 
supervisors  of  a  county  may  contract  with  the  trustees  of  a  public 
library  within  such  county  or  with  any  other  municipal  or  district 
body  having  control  of  such  a  library  to  furnish  library  privileges 
to  the  people  of  the  county,  under  such  terms  and  conditions  as  may 
be  stated  in  such  contract.  The  amount  agreed  to  be  paid  for  such 
privileges  under  such  contract  shall  be  a  charge  upon  the  county 
and  shall  be  paid  in  the  same  manner  as  other  county  charges. 
[Amended  hy  L.  1911,  ch.  815.] 

§  1119.  Acceptance  of  conditional  gift.  By  majority 
vote  at  any  election  any  municipality  or  district  or  by  three-fourths 
vote  of  its  council,  any  city,  or  any  public  library  in  the  university, 
or  any  designated  branch  thereof,  if  so  authorized  by  such  vote  of 
a  municipality,  district,  or  council,  or  of  any  combination  of  such 
voting  bodies,  may  accept  gifts,  grants,  devises  or  bequests  for 
public  library  purposes  on  condition  that  a  specified  annual  appro- 
priation shall  thereafter  be  made,  by  the  municipality  or  district 
or  combination  so  authorizing  such  acceptance,  for  maintenance  of 
such  library  or  branches  thereof.  Such  acceptance,  when  approved 
by  the  regents  of  the  university  under  seal  and  recorded  in  its 


EDUCATION   LAW  215 

book  of  charters,  shall  be  a  binding  contract,  and  such  munici- 
pality and  district  shall  levy  and  collect  yearly  the  amount  pro- 
vided in  the  manner  prescribed  for  other  taxes,  and  shall  maintain 
any  so  accepted  gift,  grant,  devise  or  bequest,  intact  and  make 
good  any  impairment  thereof. 

§  1120.  Subsidies.  By  vote  similar  to  that  required  by 
sections  eleven  hundred  and  eighteen  and  eleven  hundred  and 
nineteen  money  may  be  granted  toward  the  support  of  libraries 
not  owned  by  the  public  but  maintained  for  its  welfare  and  free 
use;  provided,  that  such  libraries  shall  be  subject  to  the  inspection 
of  the  regents  and  registered  by  them  as  maintaining  a  proper 
Srtandard,  that  the  regents  shall  certify  what  number  of  the  books 
circulated  are  of  such  a  character  as  to  merit  a  grant  of  public 
money,  and  that  the  amount  granted  yearly  to  libraries  on  the 
basis  of  circulation  shall  not  exceed  ten  cents  for  each  volume  of 
the  circulation  thus  certified  by  the  regents. 

§  1121.  Closing  of  museum;  admission  fee  during 
certain  hours.  The  trustees  of  any  institution  supported  un- 
der this  chapter  by  public  money,  in  whole  or  in  part,  may,  so 
far  as  consistent  with  free  use  by  the  public  at  reasonable  or 
specified  hours,  close  any  of  its  museum  collections  at  certain 
other  hours,  for  study,  to  meet  the  demands  of  special  students 
or  for  exhibition  purposes,  and  may  charge  an  admission  fee  at 
such  hours,  provided  that  all  receipts  from  such  fees  shall  be  paid 
into  the  treasury  and  be  used  for  the  maintenance  or  enlargement 
of  the  institution. 

§  1122.  Taxes.  Taxes,  in  addition  to  those  otherwise  au- 
thorized, may  be  voted  by  any  authority  named  in  section  eleven 
hundred  and  eighteen  and  for  any  purpose  specified  in  sections 
eleven  hundred  and  eighteen  to  eleven  hundred  and  twenty  inclu- 
sive, and  shall,  unless  otherwise  directed  by  such  vote,  be  con- 
sidered as  annual  appropriations  therefor  till  changed  by  further 
vote,  and  shall  be  levied  and  collected  yearly,  or  as  directed,  as 
are  other  general  taxes ;  and  all  money  received  from  taxes  or 
other  sources  for  such  library  shall  be  kept  as  a  separate  library 
fund  and  expended  only  under  direction  of  the  library  trustees  on 
properly  authenticated  vouchers. 

§  1123.  Trustees.  Free  public  libraries  established  by 
action  of  the  voters  or  their  representatives  shall  be  managed  by 
trustees  who  shall  have  all  the  powders  of  trustees  of  other  edu- 
cational institutions  of  the  university  as  defined  in  this  chapter; 


216  NEW    YORK    STATE    EDUCATIOI^    DEPARTMENT 

provided,  unless  otherwise  specified  in  the  charter,  that  the  num- 
ber of  trustees  shall  be  five;  that  they  shall  be  elected  by  the 
legal  voters,  except  that  in  cities  they  shall  be  appointed  by  the 
mayor  with  the  consent  of  the  common  council,  from  citizens 
of  recognized  fitness  for  such  position ;  that  the  first  trustees  deter- 
mine by  lot  whose  tenn  of  office  shall  expire  each  year  and  that  a 
new  trustee  shall  be  elected  or  appointed  annually  to  serve  for  five 
years. 

§  1124.  Incorporation.  Within  one  month  after  taking 
office,  the  fiist  board  of  trustees  of  any  such  free  public  library 
shall  apply  to  the  regents  for  a  charter  in  accordance  with  the 
vote  establishing  the  library. 

§  1125.  Use  of  free  public  libraries.  Every  library 
established  under  section  eleven  hundred  and  eighteen  of  this 
chapter  shall  be  forever  free  to  the  inhabitants  of  the  locality  which 
establishes  it,  subject  always  to  rules  of  the  library  trustees,  who 
shall  have  authority  to  exclude  any  person  who  wilfully  violates 
such  rules ;  and  the  trustees  may,  under  such  conditions  as  they 
think  expedient,  extend  the  privileges  of  the  library  to  persons 
living  outside  such  locality. 

§  1126.  Reports.  Every  library  or  museum  which  receives 
state  aid  or  enjoys  any  exemption  from  taxation  or  other  privilege 
not  usually  accorded  to  business  corporations  shall  make  the 
report  required  by  section  fifty-eight  of  this  chapter,  and  such 
report  shall  relieve  the  institution  from  making  any  report  now 
required  by  statute  or  charter  to  be  made  to  the  legislature,  or  to 
any  department,  court  or  other  authority  of  the  state.  These 
reports  shall  be  summarized  and  transmitted  to  the  legislature  by 
the  regents  with  the  annual  reports  of  the  state  library  and  state 
museum. 

§  1127.  Injuries  to  property.  Whoever  intentionally 
injures,  defaces  or  destroys  any  property  belonging  to  or  deposited 
in  any  incorporated  library,  reading-room,  museum  or  other  edu- 
cational institution,  shall  be  punished  by  imprisonment  in  a  state 
prison  for  not  more  than  three  years,  or  in  a  county  jail  for  not 
more  than  one  year,  or  by  a  fine  of  not  more  than  five  hundred 
dollars,  or  by  both  such  fine  and  imprisonment. 

§  1128.  Detention.  Whoever  wilfully  detains  any  book, 
newspaper,  magazine,  pamphlet,  manuscript  or  other  property  be- 
longing to  any  public  or  incorporated  library,  reading-room, 
museum  or  other  educational  institution,  for  thirty  days  after 


EDUCATION    LAW  217 

notice  in  writing  to  return  the  same,  given  after  the  expiration  of 
the  time  which  by  the  rules  of  such  institution,  such  article  or  other 
property  may  be  kept,  shall  be  punished  by  a  fine  of  not  less  than 
one  nor  more  than  twenty-five  dollars,  or  by  imprisonment  in  the 
jail  not  exceeding  six  months,  and  the  said  notice  shall  bear  on  its 
face  a  copy  of  this  section. 

§  1129.  Transfer  of  libraries.  Any  corporation,  asso- 
ciation, school  district  or  combination  of  districts  may,  by  legal 
vote  duly  approved  by  the  regents,  transfer,  conditionally  as  pro- 
vided in  section  eleven  hundred  and  nineteen  of  this  article,  or 
otherwise,  the  ownership  and  control  of  its  library,  with  all  its 
appurtenances,  to  any  municipality,  or  district,  or  public  library 
in  the  university,  or  any  designated  branch  thereof,  and  thereafter 
such  transferee  shall  be  entitled  to  receive  any  money,  books  or 
other  property  from  the  state  or  other  sources,  to  which  the  trans- 
ferring body  would  have  been  entitled  but  for  such  transfer,  and 
the  trustees  or  body  making  the  transfer  shall  thereafter  be  re- 
lieved of  all  responsibility  pertaining  to  property  thus  transferred. 

§  1130.  Liocal  neglect.  If  the  local  authorities  of  any 
library  supported  wholly  or  in  part  by  state  money,  fail  to  provide 
for  the  support  and  public  usefulness  of  its  books,  the  regents 
shall  in  writing  notify  the  trustees  of  said  library  what  is  neces- 
sary to  meet  the  state's  requirements,  and  on  such  notice  all  its 
rights  to  further  grants  of  money  or  books  from  the  state  shall  be 
suspended  until  the  regents  certify  that  the  requirements  have 
been  met;  and  if  said  trustees  shall  refuse  or  neglect  to  comply 
with  such  requirements  within  sixty  days  after  service  of  such 
notice,  the  regents  may  remove  them  from  office  and  thereafter  all 
books  and  other  library  property  wholly  or  in  part  paid  for  from 
state  money  shall  be  under  the  full  and  direct  control  of  the  regents 
who,  as  shall  seem  best  for  public  interests,  may  appoint  nev; 
trustees  to  carry  on  the  library,  or  may  store  it,  or  distribute  its 
books  to  other  libraries. 

§  1131.  Loans  of  books  from  state.  Under  such  rules 
as  the  regents  may  prescribe,  they  may  lend  from  the  state  library, 
duplicate  department,  or  from  books  specially  given  or  bought 
lor  this  purpose,  selections  of  books  for  a  limited  time  to  any 
public  library  in  this  state  under  visitation  of  the  regents,  or  to 
any  community  not  yet  having  established  such  library,  but  which 
has  conformed  to  the  conditions  required  for  such  loans. 


218  NEW    YORK    STATE    EDUCATIOX    DEPARTMEXT 

§  1132.  Advice  and  instruction  from  state  library 
officers.  The  trustees  or  librarian  or  any  citizen  interested  in 
any  public  library  in  this  state  shall  be  entitled  to  ask  from 
the  officers  of  the  state  library  any  needed  advice  or  instruction 
as  to  a  library  building,  furniture  and  equipment,  government 
and  service,  rules  for  readers,  selecting,  buying,  cataloguing,  shelv- 
ing, lending  books,  or  any  other  matter  pertaining  to  the  estab- 
lishment, reorganization  or  administration  of  a  public  library. 
The  regents  may  provide  for  giving  such  advice  and  instruction 
either  personally  or  through  printed  matter  and  correspondence, 
either  by  the  state  library  staff  or  by  a  library  commission  of 
competent  experts  appointed  by  the  regents  to  serve  without  salary. 
The  regents  may,  on  request,  select  or  buy  books,  or  furnish  them 
instead  of  money  apportioned,  or  may  make  exchanges  and  loans 
through  the  duplicate  department  of  the  state  library.  Such  as- 
sistance shall  be  free  to  residents  of  this  state  as  far  as  practicable, 
but  the  regents  may,  in  their  discretion,  charge  a  proper  fee  to 
nonresidents  or  for  assistance  of  a  personal  nature  or  for  other 
reason  not  properly  an  expense  to  the  state,  but  which  may  be 
authorized  for  the  accommodation  of  users  of  the  library. 

§  1133.  Apportionment  of  public  library  money. 
Such  sum  as  shall  have  been  appropriated  by  the  legislature  as 
public  library  money  shall  be  paid  annually  by  the  treasurer, 
on  the  warrant  of  the  comptroller,  from  the  income  of  the  United 
States  deposit  fund,  according  to  an  apportionment  to  be  made 
for  the  benefit  of  free  libraries  by  the  regents  in  accordance  with 
their  rules  and  authenticated  by  their  seal;  provided,  that  none 
of  this  money  shall  be  spent  for  books  except  those  approved 
or  selected  and  furnished  by  the  regents;  that  no  locality  shall 
share  in  the  apportionment  unless  it  shall  raise  and  use  for  the 
same  purpose  not  less  than  an  equal  amount  from  taxation  or 
other  local  sources;  that  for  any  part  of  the  apportionment  not 
payable  directly  to  the  library  trustees  the  regents  shall  lile  with 
the  comptroller  proper  vouchers  showing  that  it  has  been  spent  in 
accordance  with  law  exclusively  for  books  for  free  libraries  or  for 
proper  expenses  incurred  for  their  benefit;  and  that  books  paid 
for  by  the  state  shall  be  subject  to  return  to  the  regents  whenever 
the  library  shall  neglect  or  refuse  to  conform  to  the  ordinances 
under  which  it  secured  them. 

§  1134.  Abolition.  Any  library  established  by  public  vote 
or  action  of  school  authorities,  or  under  section  eleven  hundred 


EDUCATION    LAW  219 

and  eighteen  of  this  chapter,  may  be  abolished  only  by  a  majority 
vote  at  a  regular  annual  election,  ratified  by  a  majority  vote  at 
the  next  annual  election.  If  any  such  library  is  abolished  its  prop- 
erty shall  be  used  first  to  return  to  the  regents,  for  the  benefit  of 
other  public  libraries  in  that  locality,  the  equivalent  of  such  sums 
as  it  may  have  received  from  the  state  or  from  other  sources  as 
gifts  for  public  use.  After  such  return  any  remaining  property 
may  be  used  as  directed  in  the  vote  abolishing  the  library,  but 
if  the  entire  library  property  does  not  exceed  in  value  the  amount 
of  such  gifts  it  may  be  transferred  to  the  regents  for  public  use, 
and  the  trustees  shall  thereupon  be  free  from  further  responsi- 
bility. Iso  abolition  of  a  public  library  shall  be  lav^ful  till  the 
regents  grant  a  certificate  that  its  assets  have  been  properly  dis- 
tributed and  its  abolition  completed  in  accordance  with  law. 

§  1135.  Use  and  care  of  school  library.  The  school 
library  shall  be  a  part  of  the  school  equipment  and  shall  be  kept 
in  the  school  building  at  all  times,  and  shall  not  be  used  as  a 
circulating  library,  except  as  the  rules  fixed  by  the  commissioner 
of  education  shall  allow,  but  no  person  shall  be  allowed  to  borrow 
more  than  one  volume  at  a  time  and  shall  not  keep  the  same  more 
than  two  weeks.  The  board  of  education  or  trustees  shall  appoint 
a  teacher  of  the  schools  under  their  charge  as  librarian,  who,  with 
the  trustees,  shall  be  responsible  for  the  safety  and  proper  care 
of  the  books,  and  shall  annually,  and  whenever  required,  make 
such  reports  concerning  the  library  as  the  commissioner  of  educa- 
tion may  direct. 

§  1136.  Existing  rules  continued  in  force.  All  exist- 
ing provisions  of  law  and  rules  established  by  the  superintendent 
of  public  instruction  or  by  the  commissioner  of  education  for  the 
management  of  district  libraries  shall  hold  good  as  to  the  man- 
agement of  school  libraries  till  altered  by  or  in  pursuance  of  law. 

§  1137.  Authority  to  raise  and  receive  money  for 
school  library.  Each  city  and  school  district  in  the  state  is 
hereby  authorized  to  raise  moneys  by  tax  in  the  same  manner  as 
other  school  moneys  are  raised,  or  to  receive  moneys  by  gift  or 
devise,  for  starting^  extending  or  caring  for  the  school  library. 

§  1138.  Authority  to  transfer  school  library  prop- 
erty to  free  public  library.  Any  board  of  education  in 
any  city  or  union  free  school  district,  or  any  duly  constituted 
meeting  in  any  other  district,  is  hereby  authorized  to  give  any  or 
all  of  its  books  or  other  library  property  to  any  township  or  other 


220  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

free  public  library  under  state  supervision,  or  to  aid  in  establish- 
ing such  free  public  library,  provided  it  is  free  to  the  people  of 
such  city  or  district.  A  receipt  from  the  officers  of  the  said  free 
public  library,  and  an  approval  of  the  transfer  under  seal  by  the 
regents  of  the  university,  shall  forever  thereafter  relieve  the  said 
school  authorities  of  further  responsibility  for  the  said  library  and 
property  so  transferred. 

§  1139.  Transfer  of  property  not  in  charge  of  li- 
brarian. Any  books  or  other  library  property  belonging  to 
any  district  library,  and  which  have  not  been  in  direct  charge  of 
a  librarian  duly  appointed  within  one  year,  may  be  taken  and 
shall  thereafter  be  owned  by  any  public  library  under  state  super- 
vision, which  has  received  from  the  regents  of  the  university 
written  permission  to  collect  such  books  or  library  property,  and 
to  administer  the  same  for  the  benefit  of  the  public;  provided, 
that  said  books  or  other  library  property  shall  be  found  in  the 
territory  for  which  such  public  library  is  maintained,  as  defined 
in  its  charter  or  in  the  permission  granted  by  the  regents;  and 
further  provided,  that,  on  written  request  of  the  school  authorities, 
any  dictionaries,  cyclopedias  and  pedagogic  books  shall  be  placed 
in  the  school  library  of  the  district  to  which  such  books  originally 
belong. 

§  1140.  Provision  for  change  to  circulating  library. 
The  public  shall  not  be  entitled  to  use  any  library,  now  or  here- 
after in  the  custody  of  the  school  authorities,  but  said  authorities 
may  appoint  three  trustees  who  shall  have  the  powers,  duties  and 
responsibilities  of  trustees  of  public  libraries  incorporated  by  the 
regents,  and  thereafter  the  school  authorities  may  transfer  to  the 
custody  of  said  trustees  for  the  purposes  of  a  circulating  library 
any  of  their  library  property  as  provided  in  section  eleven  hun- 
dred and  thirty-eight. 

§  1141.  Penalty  for  disobedience  to  library  law, 
rules  or  orders.  The  commissioner  of  education  is  hereby 
authorized  to  withhold  its  share  of  public  school  moneys  from  any 
city  or  district  which  uses  school  library  moneys  for  any  other 
purpose  than  that  for  which  they  are  provided,  or  for  any  wilful 
neglect  or  disobedience  of  the  law  or  the  rules  or  orders  of  said 
commissioner  in  the  premises. 


EDUCATION    LAW  221 

ARTICLE  45 
Court  liibraries 

Section  1160.  Court  of  appeals  libraries. 

1161.  Court  of  appeals  judges'  law  libraries. 

1162.  Appellate  division  libraries. 

1163.  Appellate  division  library,  first  department. 

1164.  Appellate  division  library,  fourth  department. 

1165.  Supreme  court  libraries. 

1166.  Supreme  court  library  at  !N'ew  York. 

1167.  Supreme  court  library  in  borough  of  Brooklyn. 

1168.  Supreme  court  library  at  Newburgh. 

1169.  Joseph   F.   Barnard  memorial   library   at   Pough- 

keepsie. 

llYO.  Supreme  court  library  at  Kingston. 

1171.  Supreme  court  library  at  Saratoga. 

1172.  Supreme  court  library  at  Utica. 

1173.  Supreme  court  library  at  Binghamton. 

1174.  Supreme  court  library  at  Delhi. 

1175.  Supreme  court  library  at  Elmira. 

1176.  David  L.  Follett  memorial  library  at  ^N'orwich. 

1177.  Supreme  court  library  at  Buffalo. 

1178.  Supreme  court  library  at  White  Plains. 

1179.  Supreme  court  library  at  Troy. 

*1180.  City  court  of  the  city  of  :N'ew  York.    [Added  by 

L.  1911,  ch.  824.] 
*1180.  Supreme  court  library  in  Queens  county.     [Added 

by  L.  1911,  ch.  557.] 

§  1160.  Court  of  appeals  libraries.  1.  The  consul- 
tation library  of  the  court  of  appeals  is  continued.  Said  library 
shall  be  under  the  exclusive  supervision  of  that  court  and  the  chief 
judge  may  add  thereto  from  any  funds  available. 

2.  The  library  of  the  court  of  appeals,  located  at  the  city  of 
Syracuse,  is  continued.  The  regents  of  the  university  shall  ap- 
point a  suitable  person  to  be  librarian  of  the  said  library,  who 
shall  receive  an  annual  salary  of  three  thousand  dollars,  to  be 
paid  by  the  comptroller  in  monthly  instalments,  upon  the  certifi- 
cate of  a  justice  of  the  supreme  court  residing  in  the  city  of 
Syracuse,  which  said  amount  shall  be  levied  and  assessed  by  the 
comptroller,   one-half   upon   the   county   of   Onondaga,    and   the 

*  Two  sections  numbered  1180  were  added  to  this  article  by  the  acts  re- 
ferred to. 


222  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

residue  thereof  upon  the  several  remaining  counties  constituting 
the  fifth  judicial  district,  in  proportion  to  the  assessed  valuation 
of  the  real  and  personal  property  in  said  counties.  Said  libra- 
rian shall  appoint  an  assistant  librarian  and  such  other  assistants 
as  shall  be  determined  by  the  board  of  supervisors  of  said  county 
of  Onondaga,  who  shall  be  paid  by  said  county  of  Onondaga  a 
salary  or  salaries  to  be  fixed  by  said  board  of  supervisors  of  said 
county.  The  said  library  shall  be  maintained  as  a  free  public 
library  for  the  use  of  the  people  of  the  state,  the  supreme  court 
of  the  fifth  judicial  district  and  the  local  courts  of  the  county 
of  Onondaga  and  city  of  Syracuse.  Such  library  shall  be  kept 
in  the  court-house  of  Onondaga  county  and  without  expense  to 
the  state,  except  for  the  purchase  of  books,  binding  and  repair  of 
books.  The  regents  of  the  university  shall  frame  and  establish 
suitable  rules  and  regulations  for  the  use  of  the  books  in  such 
library,  and  shall  add  to  and  amend  the  same  as  shall  be  necessary. 

§  1161.  Court  of  *appeals'  judges'  law  libraries. 
The  law  libraries  of  the  judges  of  the  court  of  appeals  are 
continued.  Each  judge  has  sole  custody  and  control  of  the  library 
assigned  to  him  and  on  expiration  of  his  term  of  office  shall  deliver 
it  to  his  successor.    He  may  add  to  it  from  any  funds  available. 

§  1162.  Appellate  division  libraries.  The  libraries 
heretofore  established  for  the  appellate  divisions  of  the  su- 
preme court  are  continued.  They  are  under  exclusive  super- 
vision of  the  respective  appellate  divisions.  The  justices  of  the 
court  shall  be  trustees  thereof  who  shall  continue  to  be  vested  with 
all  the  powers  with  regard  thereto  now  possessed  by  said  justices. 

§  1163.  Appellate  division  library,  first  depart- 
ment. The  law  library  of  the  appellate  division  of  the  first 
department  shall  be  kept  in  the  court-house  thereof,  and  shall 
be  in  the  care  and  custody  and  under  the  control  of  the  justices  of 
the  appellate  division  of  said  first  department,  who  shall  be  the 
trustees  thereof.  The  said  trustees  may  make  rules  and  regula- 
tions for  the  management  and  protection  of  said  library  and  pre- 
scribe penalties  for  the  violation  thereof.  They  may  sue  for  and 
recover  such  penalties  and  may  maintain  actions  for  injury  to 
said  library.  They  may  appoint  a  librarian  and  an  assistant 
librarian  and  fix  their  salaries,  the  former  at  not  to  exceed  the 
sum  of  four  thousand  dollars  per  annum,  and  the  latter  at  not 
to  exceed  the  sum  of  three  thousand  dollars  per  annum.     The 

*  So  in  original. 


EDUCATION    LAW  223 

said  librarian  shall,  in  addition  to  the  duties  now  performed  by 
him,  perform  such  duties  in  relation  to  the  custody  and  distribu- 
tion of  stationery  and  other  supplies  furnished  for  the  use  of  the 
appellate  division  of  said  first  department  as  said  justices  of  said 
appellate  division  shall  direct.  The  said  trustees  may  procure 
furniture  for  said  library  and  shall  defray  all  the  expenses  in- 
cidental to  its  care  and  management.  They  shall  yearly  ascertain 
the  amount  necessary  for  the  aforesaid  purposes  and  certify  it 
to  the  board  of  estimate  and  apportionment,  who  shall  provide 
for  raising  and  paying  the  same.     [Amended  by  L.  1911,  ch.  832.] 

§  1164.  Appellate  division  library,  fourth  de- 
partment. The  law  library  of  the  appellate  division  of  the 
fourth  department  shall  be  kept  in  the  court-house  of  Monroe 
county  and  without  expense  to  the  state  for  heat,  light,  janitor 
service,  furniture,  stationery  supplies,  binding  and  repair  of  books, 
which  shall  be  provided  by  said  county.  This  library  shall  be 
maintained  as  a  free  public  library  for  the  use  of  the  people  of  the 
state,  the  appellate  division  of  the  supreme  court  in  the  fourth 
judicial  department,  the  supreme  court  of  the  seventh  judicial  dis- 
trict and  the  local  courts  at  Rochester.  The  consultation  library 
heretofore  provided  for  the  appellate  court  shall  be  a  part  of  this 
library  but  shall  remain  in  the  justices'  chambers  for  their  own 
personal  use.  The  librarian  of  said  library  and  an  assistant  li- 
brarian and  their  successors  shall  be  appointed  and  may  be  removed 
at  pleasure  by  the  justices  of  the  appellate  division  of  the  supreme 
court  in  the  fourth  judicial  department.  The  librarian  shall  be 
paid  an  annual  salary  of  three  thousand  dollars,  to  be  paid  in 
monthly  instalments  by  the  state  comptroller  which  shall  be  levied 
and  assessed  by  him  upon  the  counties  constituting  the  fourth 
judicial  department,  and  the  assistant  librarian  shall  be  paid  by 
the  county  of  Monroe,  a  salary  to  be  fixed  by  the  board  of  super- 
visors of  said  county.  A  certificate  of  the  appointment  of  the 
librarian,  signed  by  the  presiding  justice  of  the  fourth  judicial 
department,  shall  be  filed  with  the  comptroller  of  the  state. 

§  1165.  Supreme  court  libraries.  The  following  su- 
preme court  law  libraries  are  continued: 

1.  In  the  first  judicial  district  the  library  formed  by  the  con- 
solidation of  the  libraries  of  the  superior  court  of  the  city  of 
'New  York  and  the  court  of  common  pleas  of  said  city  and  county. 

2.  In  the  second  judicial  district  the  libraries  at  the  borough 


224  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

of  Brooklyn  and  at  Newbiirgh  and  the  Joseph  F.  Barnard  memo- 
rial law  library  at  Poughkeepsie. 

3.  In  the  third  judicial  district  the  library  at  Kingston  and  the 
library  at  Troy. 

4.  In  the  fourth  judicial  district  the  library  at  Saratoga 
Springs. 

5.  In  the  fifth  judicial  district  the  library  at  Utica. 

6.  In  the  sixth  judicial  district  the  libraries  at  Binghamton, 
Delhi  and  Elmira,  and  the  David  L.  Follett  memorial  library  at 
Norwich. 

7.  In  the  eighth  judicial  district  the  library  at  Buffalo. 

8.  In  the  ninth  judicial  district  the  library  at  White  Plains. 

§  1166.  Supreme  court  library  at  New  York.  The 
law  libraries  of  the  superior  court  of  the  city  of  'New  York  and 
of  the  court  of  common  pleas  of  said  city  and  county  as  consoli- 
dated, and  the  books  therein,  shall  be  the  law  library  of  the  supreme 
court  in  the  first  judicial  district  and  shall  be  in  the  care  and 
custody  and  under  the  control  of  the  justices  of  the  supreme  court 
in  said  judicial  district,  or  a  majority  of  them,  not  designated  as 
justices  of  the  appellate  division,  who  shall  be  the  trustees  thereof. 
The  said  trustees  may  make  rules  and  regulations  for  the  manage- 
ment and  protection  of  said  library  and  prescribe  penalties  for  the 
violation  thereof.  They  may  sue  for  and  recover  such  penalties 
and  may  maintain  actions  for  injury  to  said  library.  They  may- 
appoint  a  librarian  and  fix  his  salary  at  not  to  exceed  the  sum  of 
four  thousand  dollars  per  annum.  They  may  procure  proper 
furniture  for  said  library,  purchase  books  therefor  and  defray  all 
the  expenses  incidental  to  its  care  and  management.  They  shall 
yearly  ascertain  the  amount  necessary  for  the  aforesaid  purposes 
and  certify  it  to  the  board  of  estimate  and  apportionment,  who 
shall  provide  for  raising  and  paying  the  same. 

§  1167.  Supreme  court  library  in  borough  of 
Brooklyn.  The  supreme  court  library  in  the  borough  of 
Brooklyn  shall  be  under  the  care  and  management  of  the  trustees 
of  the  law  library  of  the  borough  of  Brooklyn;  subject,  however, 
to  such  orders,  rules  and  regulations,  touching  the  same,  as  may 
be  made,  from  time  to  time,  by  a  majority  of  the  justices  of  the 
supreme  court,  residing  in  said  district.  All  appropriations  made 
for  said  library,  shall  be  paid  to  the  said  trustees,  to  be  by  them 
disbursed  in  the  purchase  of  books  for  said  library.  The  said 
trustees  may  make  rules  and  regulations  for, the  management  and 


EDUCATION    LAW  225 

protection  of  said  library,  and  prescribe  penalties  for  the  violation 
thereof;  they  may  sue  for  and  recover  such  penalties,  and  may 
maintain  actions  for  injuries  to  said  library,  and  may  procure 
proper  furniture  for  said  library,  hire  suitable  rooms,  employ  a 
librarian,  provide  fuel  and  lights,  and  defray  all  the  incidental 
expenses  of  the  care  and  management  of  said  library;  they  shall 
yearly  ascertain  the  amount  necessary  for  the  aforesaid  purposes, 
and  certify  it  to  the  board  of  estimate  and  apportionment  of  the 
city  of  'Ne^v  York,  who  shall  pay  the  same.  They  shall  yearly 
make  a  report  to  the  regents  of  the  university,  of  the  additions 
made  to  said  library  during  the  preceding  year. 

§  1168.  Supreme  court  library  at  Newburgh.  The 
second  judicial  district  law  library  at  E'ewburgh  shall  be  in 
charge  of  and  under  the  care  of  the  trustees  of  the  Orange  county 
referee  law  library  association,  and  shall  be  governed  by  such 
rules  as  said  trustees  with  the  approval  of  a  justice  of  the  supreme 
court  of  the  second  judicial  district  may  prescribe.  The  board  of 
supervisors  of  Orange  county  shall,  subject  to  the  approval  of  a 
justice  of  the  supreme  court  of  said  district,  provide  suitable  and 
proper  rooms  in  which  said  library  shall  })e  placed  and  kept,  and 
the  annual  rent  of  said  rooms  and  the  necessary  expense  of  care  for 
said  library  shall  be  a  county  charge  payable  by  the  treasurer  of 
said  county  upon  vouchers  approved  by  a  justice  of  the  supreme 
court  of  said  district. 

The  said  trustees  shall  appoint  a  librarian  for  such  library,  who 
shall  hold  office  during  their  pleasure.  Such  librarian  shall  re- 
ceive an  annual  salary  not  to  exceed  six  hundred  dollars,  which 
shall  be  paid  to  him  quarterly  by  the  treasurer  of  the  country-, pf 
Orange,  out  of  money  appropriated  for  the  court  expenses  in  said 
county. 

It  shall  be  the  duty  of  said  trustees  to  effect  an  insurance  upon 
said  library,  the  cost  whereof  shall  be  paid  in  like  manner  by  the 
comptroller  of  the  state  of  New  York  upon  a  certificate,  from  the 
appropriations  that  may  be  from  time  to  time  made  for  the  main- 
tenance of  said  library.  Such  insurance  shall  be  made  in  the 
name  of  the  people  of  the  state  of  New  York,  and  in  case  of 
loss  the  amount  thereof  shall  be  expended  in  the  purchase  of  new 
books  for  said  library,  in  the  same  manner  that  the  original  appro- 
priations were  used  for  that  purpose. 
8 


226  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  1169.  Joseph  F.  Barnard  memorial  library  at 
Poughkeepsie.  The  Joseph  F.  Barnard  memorial  library 
located  in  the  Dutchess  county  court-house  at  Poughkeepsie  shall 
be  under  the  care  and  management  of  a  board  of  trustees,  which 
board  shall  consist  of  five  members.  The  trustees  now  in  office 
shall  continue  to  serve  for  the  terms  for  which  they  were  appointed. 
At  the  expiration  of  such  terms  the  governor  shall  appoint  their 
successors,  each  of  whom  shall  serve  for  five  years  and  until  his 
successor  is  appointed.  Such  appointment  shall  be  made  from 
among  the  members  of  the  Dutchess  county  bar  who  shall  have 
practiced  law  for  at  least  ten  years.  Said  board  of  trustees  shall 
have  power  to  receive  by  gift  or  bequest  any  property  for  the 
purpose  of  a  law  library  and  hold  and  manage  the  same,  and  may 
make  rules  and  regulations  for  the  management  and  protection  of 
said  library  and  prescribe  penalties  for  the  violation  thereof.  They 
may  sue  for  and  recover  such  penalties  and  may  maintain  actions 
for  any  injury  to  said  library  or  property  connected  therewith. 
They  may  procure  proper  furniture  for  said  library  and  defray  all 
the  expenses  of  the  care  and  management  of  said  library,  including 
insurance,  and  the  amounts  required  therefor  shall  be  paid  by  the 
treasurer  of  the  county  of  Dutchess  upon  the  certificate  of  a  jus- 
tice of  the  supreme  court  of  the  second  judicial  district  or  of  the 
county  judge  of  Dutchess  county,  out  of  the  moneys  raised  in  said 
county  for  court  and  jury  expenses,  which  sums  as  well  as  the 
salary  of  the  librarian  hereinafter  specified  shall  be  a  county 
charge  upon  the  county  of  Dutchess.  All  appropriations  made 
for  said  library  shall  be  paid  by  the  treasurer  of  the  state  to  said 
trustees  to  be  by  them  or  by  a  majority  of  them  disbursed  for  the 
purchase  of  books  for  said  library  and  for  the  necessary  rebind- 
ing  of  the  same. 

The  librarian  of  the  Joseph  F.  Barnard  memorial  law  library 
shall  be  appointed  by  said  board  and  shall  hold  office  at  thp 
pleasure  of  said  board.  The  salary  of  said  librarian  shall  bp 
fixed  by  the  board  of  supervisors  of  the  county  of  Dutcheps^ 
and  shall  be  paid  quarterly  on  the  first  days  of  January,  April, 
July  and  October  in  each  year  by  the  treasurer  of  the  county  of 
Dutchess  out  of  the  moneys  raised  in  said  county  for  court  and 
jury  expenses  upon  the  certificate  of  the  Dutchess  county  judge. 
Said  librarian  shall  be  subject  to  the  direction  of  the  said  board 
and  shall  be  governed  by  such  rules  as  it  shall  from  time  to  time 
establish. 


Education  law  227 

§   1170.    Supreme  court  library  at  Kingston.     The 

justice  of  the  supreme  court  residing  in  the  city  of  Kingston 
is  hereby  authorized  from  time  to  time  to  appoint  a  librarian  to 
take  charge  of  the  law  library  of  the  third  judicial  district,  located 
at  Kingston,  who  shall  be  paid  a  salary  of  six  hundred  dollars 
per  year,  the  amount  to  be  payable  upon  the  certificate  of  said 
justice  out  of  the  moneys  raised  in  the  county  of  Ulster  for  court 
expenses  by  the  treasurer  thereof,  upon  the  presentation  of  such 
certificate. 

It  shall  also  be  the  duty  of  said  justice,  so  residing  at  Kingston, 
to  effect  an  insurance  upon  said  library,  the  cost  whereof  shall  be 
paid  in  like  manner  by  the  comptroller  of  the  state  of  New  York 
upon  a  like  certificate.  Such  insurance  shall  be  made  in  the  name 
of  the  people  of  the  state  of  !N'ew  York,  and  in  case  of  loss  the 
amount  thereof  shall  be  expended  in  the  purchase  of  new  books  for 
said  library,  in  the  same  manner  that  the  original  appropriations 
were  used  for  that  purpose. 

§  1171.  Supreme  court  library  at  Saratoga.  The 
justices  of  the  supreme  court  of  the  fourth  judicial  district 
for  the  time  being  shall  be  ex  officio  trustees  of  the  supreme  court 
library  at  Saratoga,  and  the  same  shall  be  under  the  care  and 
management  of  the  said  trustees;  and  it  shall  be  the  duty  of 
the  said  justices,  by  a  majority  of  their  said  number,  from  time  to 
time  to  make  orders,  rules  and  regulations  touching  the  care,  man- 
agement, protection  and  due  preservation  of  the  said  library,  and 
prescribe  penalties  for  the  violation  thereof,  and  they  may  sue  for 
and  recover  such  penalties  for  violation  thereof,  and  may  maintain 
actions  for  injuries  to  said  library.  They  may  procure  proper 
furniture  for  said  library,  hire  suitable  rooms,  appoint  a  suitable 
librarian,  provide  fuel  and  lights,  and  defray  all  incidental  ex- 
penses of  the  care  and  management  of  the  said  library. 

All  appropriations  made  for  said  library  shall  be  paid  to  said 
trustees,  to  be  by  them  disbursed  in  the  purchase  of  books  for  said 
library.  The  said  trustees  shall  report  annually  to  the  trustees  of 
the  state  library  the  catalogue  of  books  in  the  said  library,  and  the 
state  and  condition  thereof.  The  trustees  of  the  state  library  are 
hereby  authorized  to  place  in  said  library  any  duplicates  of  books 
in  their  possession  not  needed  in  the  state  library. 

§  1172.  Supreme  court  library  at  Utica.  A  jus- 
tice of  the  supreme  court  residing  in  the  city  of  Utica,  if  there 
be  a  resident  justice  in  said  city,  and  if  not,  a  justice  of  the  su- 


228  NEW    YORK    STATE    EDUCATION"    DEPARTMENT 

preme  court  residing  in  the  county  of  Oneida,  is  hereby  authorized 
to  appoint  from  year  to  year  beginning  September  first,  nineteen 
hundred  and  eight,  a  librarian  to  take  charge  of  the  law  library 
in  the  fifth  judicial  district,  located  in  the  city  of  Utica,  who  shall 
be  paid  a  salary  to  be  fixed  by  said  judge  not  exceeding  one 
thousand  dollars  per  year.  The  said  judge  may  also  appoint  an 
assistant  librarian  if  in  his  judgment  such  assistant  is  necessary, 
who  shall  hold  ofiice  during  the  pleasure  of  said  judge,  and  who 
shall  be  paid  a  salary  fixed  by  him  not  exceeding  six  hundred 
dollars  per  year.  Said  salaries  shall  be  payable  on  the  certificate 
of  the  said  justice  of  the  supreme  court  residing  in  the  city  of 
Utica,  if  there  be  such  justice,  and  if  not,  on  the  certificate  of  a 
justice  of  the  supreme  court  residing  in  the  fifth  judicial  district, 
out  of  the  moneys  raised  in  the  county  of  Oneida  for  court  ex- 
penses by  the  treasurer  thereof,  upon  the  presentation  of  such 
certificate. 

§  1173.  Supreme  court  library  at  Binghamton. 
All  books  purchased  for  the  supreme  court  library,  located  at 
Binghamton,  under  and  in  pursuance  of  the  laws  of  the  state 
relating  thereto  shall  be  purchased  by  the  justice  of  the  supreme 
court  residing  at  that  place,  or  if  there  be  no  justice  there,  then 
by  the  justice  residing  nearest  to  the  city  of  Binghamton.  The 
books  so  purchased  shall  be  paid  for  on  the  order  of  such  justice. 

The  librarian  of  such  library  shall  be  appointed  by  said  justice, 
and  shall  hold  office  during  his  pleasure.  The  salary  of  said  libra- 
rian shall  be  paid  monthly  in  each  year,  and  the  amount  thereof 
shall  be  fixed  in  the  month  of  October  in  each  year  for  the  follow- 
ing year  by  said  justice,  which  shall  be  paid  by  the  county  of 
Broome,  but  shall  not  exceed  six  hundred  dollars  in  any  one  year. 
Said  librarian  shall  be  subject  in  all  respects  to  the  direction  of 
said  justice,  and  shall  be  governed  by  such  rules  and  regulations  as 
he  shall  make  from  time  to  time. 

The  board  of  supervisors  of  Broome  county  shall  provide  a  suit- 
able room  or  rooms  and  suitable  cases  in  the  court-house  at  Bing- 
hamton for  said  supreme  court  library.  The  contingent  expenses 
of  said  library,  except  for  the  purchase  of  books,  shall  be  paid  as 
heretofore  by  the  county  of  Broome;  which  contingent  expenses 
must  be  first  certified  to  be  correct  by  one  of  said  justices  or  by  the 
county  judge  of  said  county.  Said  court  may  have  said  library 
insured  for  the  benefit  of  said  library  and  the  policies  made  pay- 
able to  the  clerk  of  the  county  of  Broome  and  any  insurance  money 


EDUCATIOISr    LAW  229 

received  shall  be  invested  and  shall  be  paid  out  by  said  clerk  under 
the  orders  of  the  justice  of  the  supreme  court  charged  with  the 
purchase  of  books  for  said  library,  in  restoring  said  library,  in 
purchasing  additional  books  therefor  and  in  paying  expenses  neces- 
sarily incurred  by  reason  of  a  fire  in  removing  and  caring  for  said 
library  and  in  adjustment  of  the  loss  under  the  policies  of  insur- 
ance thereon. 

The  librarian  of  said  library  shall,  upon  the  written  request 
of  any  justice  of  the  supreme  court  of  such  district,  send  to  said 
justice  any  of  the  books  contained  in  said  library,  and  pay  the 
charges  for  sending  and  returning  the  same.  The  sum  so  paid 
by  him  shall  be  repaid  to  him  out  of  any  moneys  appropriated 
for  the  support  or  maintenance  of  said  library,  upon  being  duly 
certified  by  a  majority  of  the  justices  of  the  supreme  court  of 
said  district. 

§  1174.  Supreme  court  library  at  Delhi.  The  jus- 
tices of  the  supreme  court  of  the  sixth  judicial  district,  or  a 
majority  of  them,  shall  appoint  a  librarian  for  the  supreme  court 
library,  located  at  Delhi,  Delaware  county,  which  librarian  shall 
hold  his  office  during  the  pleasure  of  said  justices.  Such  appoint- 
ment shall  be  in  writing  and  signed  by  a  majority  of  said  justices 
and  filed  in  the  office  of  the  clerk  of  Delaware  county.  The  salary 
of  such  librarian  shall  be  five  hundred  dollars  per  annum,  and 
shall  be  paid  in  quarterly  payments  of  one  hundred  and  twenty- 
five  dollars  each,  on  the  last  day  of  each  of  the  months  of  March, 
June,  September  and  December  of  each  year,  by  the  county  treas- 
urer of  the  county  of  Delaware,  from  the  funds  in  his  hands  as 
such  treasurer.  Said  librarian  shall  be  subject  to  the  directions  of 
said  justices,  and  shall  be  governed  by  such  rules  and  regulations 
as  they  shall  make  from  time  to  time. 

§  1175.  Supreme  court  library  at  Elmira.  The 
supreme  court  library  at  Elmira  shall  be  under  the  care  and  man- 
agement of  a  board  of  trustees  which  board  shall  consist  of  three 
members  who  shall  be  appointed  by  the  governor  from  among  the 
members  of  the  Chemung  county  bar  who  shall  have  practiced 
law  for  at  least  ten  years.  At  the  expiration  of  the  terms  of  the 
trustees  now  in  office  the  governor  shall  appoint  their  successors, 
each  of  whom  shall  serve  for  three  years  and  until  his  suc- 
cessor is  appointed.  All  appropriations  made  for  said  library 
shall  be  paid  to  said  trustees,  to  be  by  them  or  a  majority  of 
them  disbursed  in  the  purchase  of  books  for  said  library.     The 


230  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

said,  trustees  may  make  rules  and  regulations  for  the  management 
and  protection  of  said  library  and  prescribe  penalties  for  the 
violation  thereof.  They  may  sue  for  and  recover  such  penal- 
ties, and  may  maintain  actions  for  injuries  to  said  library.  They 
may  procure  proper  furniture  for  said  library;  hire  suitable 
rooms;  provide  fuel  and  lights;  and  defray  all  the  incidental  ex- 
penses of  the  care  and  management  of  said  library,  including  the 
insurance  thereof.  The  amounts  required  therefor  shall  be  paid 
by  the  treasurer  of  the  county  of  Chemung,  upon  the  certificate 
of  the  resident  justice  of  the  supreme  court,  if  there  be  one,  and 
if  not,  upon  the  certificate  of  any  justice  of  the  supreme  court  of 
the  district,  out  of  the  moneys  raised  in  said  county  for  court  ex- 
penses, which  sums,  as  well  as  the  salary  of  the  librarian  hereafter 
specified,  shall  be  a  county  charge  upon  said  county  of  Chemung. 

The  librarian  of  said  library  shall  be  appointed  by  said  board, 
and  shall  hold  office  during  the  pleasure  of  said  board.  The  salary 
of  said  librarian  shall  be  paid  quarterly  on  the  first  days  of  Janu- 
ary, April,  July  and  October  in  each  year  and  the  amount  thereof 
shall  be  fixed  in  the  month  of  October  in  each  year  for  the  follow- 
ing year  by  said  board,  but  such  salary  shall  not  exceed  six  hun- 
dred dollars  in  any  year,  and  the  same  shall  be  paid  by  the 
treasurer  of  the  county  of  Chemung  out  of  the  moneys  raised  in 
said  county  for  court  expenses,  upon  the  certificate  of  the  resident 
justice  of  the  supreme  court,  if  there  be  one,  and  if  not,  upon  the 
certificate  of  any  justice  of  the  supreme  court  in  the  district. 
Said  librarian  shall  be  subject  to  the  directions  of  said  board  and 
shall  be  governed  by  such  rules  as  it  shall  from  time  to  time 
make. 

§  1176.  David  L.  FoUett  memorial  library  at  Nor- 
wich. The  supreme  court  library  at  N'orwich,  known  as 
"  The  David  L.  Follett  Memorial  Library  "  shall  be  under  the 
care  and  management  of  a  board  of  trustees  which  board  shall  con- 
sist of  five  members  who  shall  be  appointed  by  the  governor  from 
among  the  members  of  the  Chenango  county  bar  who  shall  have 
practiced  law  for  at  least  ten  years.  At  the  expiration  of  the 
terms  of  the  trustees  now  in  office  the  governor  shall  appoint 
their  successors,  each  of  whom  shall  serve  for  five  years  and  until 
his  successor  is  appointed.  The  said  board  of  trustees  shall  have 
power  to  receive  by  gift  or  devise,  any  property  conveyed  for  the 
purpose  of  a  law  library  and  hold  and  manage  the  same  and  may 
make  rules  and  regulations  for  the  management  and  protection  of 


EDUCATIOIS^    LAW  231 

said  library  and  prescribe  penalties  for  the  violation  thereof.  They 
may  sue  for  and  recover  such  penalties  and  may  maintain  actions 
for  any  injury  to  said  library  or  its  property.  They  may  procure 
proper  furniture  for  said  library;  hire  suitable  rooms;  provide  fuel 
and  lights,  and  defray  all  the  incidental  expenses  of  the  care  and 
management  of  said  library,  including  the  proper  insurance  thereof. 
The  amounts  required  therefor  shall  be  paid  by  the  treasurer  of 
the  county  of  Chenango,  upon  the  certificate  of  a  resident  justice 
of  the  supreme  court,  if  there  be  one,  and  if  not,  upon  the  certifi- 
cate of  any  justice  of  the  supreme  court  of  the  sixth  judicial  dis- 
trict, out  of  the  moneys  raised  in  said  county  for  court  expenses, 
which  sums  as  well  as  the  salary  of  the  librarian  hereinafter  speci- 
fied, shall  be  a  county  charge  upon  said  county  of  Chenango.  All 
appropriations  made  for  said  library  shall  be  paid  by  the  treasurer 
of  the  state  to  said  trustees,  to  be  by  them  or  by  a  majority  of 
them  disbursed  in  the  purchase  of  books  for  said  library  and  for 
the  necessary  rebinding  of  the  same. 

The  librarian  of  the  said  library  shall  be  appointed  by  said 
board,  and  shall  hold  office  during  the  pleasure  of  said  board.  The 
salary  of  said  librarian  shall  be  paid  quarterly  on  the  first  days  of 
January,  April,  July  and  October  in  each  year  and  the  amount 
thereof  shall  be  fixed  in  the  month  of  October  in  each  year  for  the 
following  year  by  said  board,  but  such  salary  shall  not  exceed 
five  hundred  dollars  in  any  year,  and  the  same  shall  be  paid  by 
the  treasurer  of  the  county  of  Chenango  out  of  the  moneys  raised 
in  said  county  for  court  expenses  upon  the  certificate  of  the  resi- 
dent justice  of  the  supreme  court,  if  there  be  one ;  and  if  not  upon 
the  certificate  of  any  justice  of  the  supreme  court  in  said  district. 
Said  librarian  shall  be  subject  to  the  direction  of  the  said  board 
and  shall  be  governed  by  such  rules  as  it  shall  from  time  to  time 
establish  and  ordain. 

§  1177.  Supreme  court  library  at  Buffalo.  The 
supreme  court  library  at  Buffalo  shall  be  under  the  care  and 
management  of  the  present  trustees  and  their  successors  in  office ; 
who  shall  be  known  as  the  trustees  of  the  law  library  of  the  eighth 
judicial  district.  In  case  of  a  vacancy  in  said  board  of  trustees 
it  shall  be  filled  at  a  term  of  the  appellate  division  of  the  supreme 
court  of  the  fourth  judicial  department,  by  the  justices  thereof, 
who  shall  appoint  to  such  vacancy  either  a  justice  of  the  supreme 
court  residing  in  the  eighth  judicial  district  or  an  attorney  and 
counselor  at  law  residing  in  the  eighth  judicial  district  and  of  at 


232  NEW    YORK    STATE    EDUCATIOI^    DEPARTMENT 

least  ten  years'  standing  at  the  bar;  provided,  however,  that  at 
all  times  at  least  four  of  the  trustees  of  said  library  shall  be 
residents  of  the  county  of  Erie.  All  appropriations  made  for  said 
library  shall  be  paid  to  the  said  trustees,  to  be  by  them  disbursed 
in  the  purchase  of  books,  and  in  the  repair  of  books,  for  said 
library.  The  said  trustees  shall  appoint  a  suitable  person  librarian 
of  said  library,  who  shall  receive  an  annual  salary  of  two  thousand 
five  hundred  dollars,  to  be  paid  by  the  comptroller  in  monthly 
instalments,  upon  the  certificate  of  the  treasurer  of  the  trustees 
of  said  library,  which  said  amount  shall  be  levied  and  assessed  by 
the  comptroller,  one-half  upon  the  county  of  Erie,  and  the  residue 
thereof  upon  the  several  remaining  counties  constituting  the  eighth 
judicial  district,  in  proportion  to  the  assessed  valuation  of  the  real 
and  personal  property  in  said  counties.  The  said  trustees  may 
make  rules  and  regulations  for  the  management  and  protection  of 
said  library,  and  prescribe  penalties  for  the  violation  thereof ;  and 
may  sue  for  and  recover  such  penalties,  and  may  maintain  actions 
for  injuries  to  said  library;  they  may  procure  proper  furniture 
for  said  library,  hire  suitable  rooms,  employ  assistants  to  said 
librarian,  provide  fuel  and  lights,  and  defray  all  the  incidental 
expenses  of  the  care  and  management  of  said  library;  they  shall 
yearly  ascertain  the  amount  necessary  for  the  aforesaid  purposes 
and  certify  it  to  the  board  of  supervisors  of  Erie  county,  who  shall 
pay  the  same.  They  shall  yearly  make  a  report  to  the  regents  of 
the  university  of  the  state  of  said  library.  The  said  library  shall 
be  maintained  as  a  free  public  library  for  the  use  of  the  people 
of  the  state,  the  supreme  court  of  the  eighth  judicial  district,  and 
the  local  courts  of  the  county  of  Erie  and  of  the  city  of  Buffalo. 
[Amended  hy  L.  1911,  ch.  58,  in  ejfed  April  5,  1911.] 

§  1178.  Supreme  court  library  at  White  Plains. 
The  supreme  court  library  at  White  Plains  shall  be  under 
the  care  and  management  of  a  board  of  trustees,  which  board 
shall  consist  of  five  members,  who  shall  be  appointed  by  the 
governor,  from  among  the  members  of  the  Westchester  county 
bar,  who  have  practiced  law  for  at  least  ten  years.  At  the  expira- 
tion of  the  terms  of  the  members  of  said  board  of  trustees  now 
in  office  the  governor  shall  appoint  successors  to  said  trustees, 
who  shall  serve  for  five  years  and  until  their  successors  have  been 
appointed.  The  said  board  of  trustees  shall  have  power  to  receive 
by  gift,  devise  or  bequest  any  property  given  or  conveyed  for  the 
purpose  of  a  law  library,  and  hold  and  manage  the  same,  and  may 


EDUCATION   LAW  233 

make  rules  and  regulations  for  the  management  and  protection  of 
said  library  and  prescribe  penalties  for  the  violation  thereof.  They 
may  sue  for  and  recover  such  penalties  and  may  maintain  actions 
for  any  injury  to  said  library  or  its  property.  They  may  pro- 
cure proper  furniture  for  said  library ;  hire  suitable  rooms,  provide 
fuel  and  lights  and  defray  all  the  incidental  expenses  of  the  care 
and  management  of  said  library  including  the  proper  insurance 
thereof.  The  amounts  required  therefor  shall  be  paid  by  the  treas- 
urer of  the  county  of  Westchester,  upon  the  certificate  of  a  resident 
justice  of  the  supreme  court,  if  there  be  one,  and  if  not,  upon 
the  certificate  of  any  justice  of  the  supreme  court  of  the  ninth 
judicial  district,  out  of  the  moneys  raised  in  said  county  for 
court  expenses,  v^^hich  sums,  as  well  as  the  salary  of  the  librarian 
hereinafter  specified,  shall  be  a  county  charge  upon  said  county 
of  Westchester.  All  appropriations  made  by  the  state  for  said 
library  for  purposes  not  hereinbefore  otherwise  provided  for  shall 
be  paid  by  the  treasurer  of  the  state,  upon  the  warrant  of  the 
comptroller,  to  said  trustees  to  be  by  them,  or  a  majority  of  them, 
disbursed  in  the  purchase  of  books  for  said  library  and  for  main- 
tenance and  supplies.  The  librarian  of  said  library,  who  shall  be 
a  regularly  admitted  attorney  and  counselor-at-law  who  has  prac- 
ticed law  for  at  least  five  years,  shall  be  appointed  by  said  board 
of  trustees  and  shall  hold  office  during  the  pleasure  of  said  board. 
The  amount  of  the  salary  of  said  librarian  shall  be  fixed  by  said 
board  of  trustees,  and  shall  be  paid  in  monthly  instalments  by  the 
treasurer  of  the  county  of  Westchester  out  of  the  moneys  raised  in 
said  county  "for  court  expenses,  upon  the  certificate  of  a  resident 
justice  of  the  supreme  court,  if  there  be  one,  and  if  not,  upon  the 
certificate  of  any  justice  of  the  supreme  court  of  the  ninth  judicial 
district.  Said  librarian  shall  be  subject  to  the  direction  of  the 
said  board  of  trustees  and  shall  be  governed  by  such  rules  as  it  shall 
from  time  to  time  establish  and  ordain. 

§  1179.  Supreme  court  library  at  Troy.  The  su- 
preme court  library  at  Troy  shall  be  under  the  care  and  man- 
agement of  a  board  of  trustees,  which  board  shall  consist  of  three 
members,  who  shall  be  appointed  by  the  governor  from  among 
the  members  of  the  Rensselaer  county  bar,  who  shall  have  prac- 
ticed law  in  said  county  for  at  least  ten  years.  At  the  expiration 
of  the  terms  of  the  members  of  said  board  of  trustees  now  in  office 
the  governor  shall  appoint  successors  to  said  trustees  who  shall 
serve  for  three  years  and  until  their  successors  have  been  ap- 
pointed.    The  ?aid  board  of  trustees  shall  have  power  to  receive. 


234  NEW    YORK    STATE    EDUCATION"    DEPARTMENT 

by  gift  or  devise,  any  property  conveyed  for  the  purpose  of  a 
lav7  library  and  hold  and  manage  the  same  and  may  make  rules 
and  regulations  for  the  management  and  protection  of  said  library 
and  prescribe  penalties  for  the  violation  thereof.  They  may  sue 
for  and  recover  such  penalties  and  may  maintain  actions  for  any 
injury  to  said  library  or  its  property.  They  may  procure  proper 
furniture  for  said  library;  and  defray  all  the  incidental  expenses 
of  the  care  and  management  of  said  library,  including  insurance 
thereof  and  telephone  service.  The  amounts  required  therefor 
shall  be  paid  by  the  treasurer  of  the  county  of  Kensselaer,  upon 
the  certificate  of  a  resident  justice  of  the  supreme  court,  if  there 
be  one,  and  if  not  upon  the  certificate  of  any  justice  of  the 
supreme  court  of  the  third  judicial  district,  out  of  the  moneys 
raised  in  said  county  for  court  expenses,  which  sums  as  well  as 
the  salary  of  the  librarian  hereinafter  specified,  shall  be  a  county 
charge  upon  said  county  of  Jiensselaer.  All  appropriations  made 
for  said  library  shall  be  paid  by  the  treasurer  of  the  state  to 
said  trustees  to  be  by  them  or  by  a  majority  of  them  disbursed 
in  the  purchase  of  books  for  said  library  and  for  the  necessary 
rebinding  of  the  same.  The  board  of  supervisors  of  Rensselaer 
county  shall  provide  within  the  court  house  in  the  city  of  Troy, 
suitable  rooms  for  said  library,  and  shall  provide  heat  and  light 
therefor.  The  librarian  of  the  supreme  court  library  at  Troy  shall 
be  appointed  by  said  board,  and  shall  hold  office  during  the  pleas- 
ure of  said  board.  The  salary  of  said  librarian  shall  be  paid 
quarterly  on  the  first  days  of  January,  April,  July  and  October 
in  each  year  and  the  amount  thereof  shall  be  fixed  in  the  month 
of  October  in  each  year  for  the  following  year  by  said  board, 
and  the  same  shall  be  paid  by  the  treasurer  of  the  county  of 
Rensselaer  out  of  the  moneys  raised  in  said  county  for  court  ex- 
penses upon  the  certificate  of  the  resident  justice  of  the  supreme 
court,  if  there  be  one;  and  if  not  upon  the  certificate  of  any  jus- 
tice of  the  supreme  court  in  said  district.  Said  librarian  shall 
be  governed  by  such  rules  as  it  shall  from  time  to  time  establish 
and  ordain. 

§  1180.  City  court  of  tlie  city  of  New  York.  The  law 
library  of  the  city  court  of  the  city  of  New  York  shall  be  kept  in 
the  court  house  thereof,  and  shall  be  in  the  care  and  custody  and 
under  the  control  of  the  justices  of  the  said  court,  who  shall  be 
the  trustees  thereof.  The  said  trustees  may  make  rules  and  reg- 
ulations for  the  management  and  direction  of  the  said  library  and 
prescribe  penalties  for  the  violation  thereof.     They  may  sue  for 


EDUCATION    LAW  235 

and  recover  said  penalties  and  may  maintain  actions  for  injury 
to  said  library.  They  may  appoint  a  librarian,  whose  salary  shall 
be  fixed  by  the  board  of  estimate  and  apportionment  of  said  city. 
The  said  librarian  shall,  in  addition  to  the  duties  of  taking  care 
of  the  books  of  the  library,  also  perform  such  duties  in  relation  to 
the  custody  and  distribution  of  the  stationery  and  other  supplies 
furnished  for  the  use  of  the  city  court,  and  such  other  duties,  as 
the  justices  direct.  The  said  trustees  may  procure  furniture  for 
said  library  and  shall  defray  all  the  expenses  incidental  to  its  care 
and  management.  They  shall  yearly  ascertain  the  amount  neces- 
sary for  the  aforesaid  purposes  and  certify  it  to  the  board  of  esti- 
mate and  apportionment  of  the  city  of  E^ew  York,  which  shall 
include  in  the  annual  budget  such  sums  as  said  board  may  deem 
advisable,  which  sums  shall  be  paid  by  the  city  of  'New  York. 
[Added  by  L.  1911,  ch.  824.] 

§  1180.  Supreme  court  library  in  Queens  county. 
There  is  hereby  established  a  law  library  in  the  second  judicial  dis- 
trict, to  be  located  in  the  county  of  Queens  in  the  borough  of 
Queens  in  the  city  of  New  York,  which  shall  be  designated  as  the 
supreme  court  library  in  the  county  of  Queens.  The  said  library 
shall  be  under  the  care  and  management  of  a  board  of  trustees 
which  shall  consist  of  five  members  who  shall  be  appointed  by  the 
resident  supreme  court  justice  or  justices  of  the  county  of  Queens 
from  among  the  members  of  the  Queens  county  bar  who  have 
practiced  law  for  at  least  ten  years.  If  there  shall  be  no  resident 
supreme  court  justice  in  the  county  of  Queens,  then  the  appoint- 
ment of  the  trustees  shall  be  made  by  a  majority  of  the  justices 
of  the  appellate  division  of  the  supreme  court  for  the  second  judi- 
cial department.  Upon  the  passage  of  this  act  there  shall  be 
appointed  in  the  manner  above  mentioned,  one  member  of  said 
board  of  trustees  who  shall  serve  until  the  thirty-first  day  of 
December,  nineteen  hundred  and  eleven;  one  member  who  shall 
serve  until  the  thirty-first  day  of  December,  nineteen  hundred  and 
twelve;  one  member  who  shall  serve  until  the  thirty-first  day  of 
December,  nineteen  hundred  and  thirteen;  one  member  who  shall 
serve  until  the  thirty-first  day  of  December,  nineteen  hundred 
and  fourteen;  and  one  member  who  shall  serve  until  the  thirty- 
first  day  of  December,  nineteen  hundred  and  fifteen.  At  the  ex- 
piration of  such  terms  there  shall  be  appointed  in  the  manner 
above  mentioned,  successors  to  said  trustees,  each  of  whom  shall 
serve  for  five  years  and  until  his  successor  shall  be  appointed. 
The  said  board  of  trustees  shall  have  power  to  receive  by  gift, 


236  NEW    YORK    STATE    EDUCATIOI^    DEPARTMENT 

devise  or  bequest  any  property  given  or  conveyed  for  the  purpose 
of  a  law  library  and  hold  and  manage  the  same  and  may  make 
rules  and  regulations  for  the  management  and  protection  of 
said  library  and  prescribe  penalties  for  the  violation  thereof. 
They  may  sue  for  and  recover  such  penalties  and  may  maintain 
actions  for  any  injury  to  the  said  library  or  its  property.  They 
may  procure  proper  furniture  for  said  library ;  hire  suitable 
rooms ;  provide  fuel  and  lights  and  defray  all  incidental  expenses 
of  the  care  and  management  of  said  library,  including  the  proper 
insurance  thereof,  and  employ  and  appoint  such  persons  as  they 
may  think  necessary  for  the  proper  care,  management  and  main- 
tenance of  said  library,  said  appointees  and  employees  to  be  selected 
from  the  appropriate  civil  service  eligible  list  as  required  by 
law.  They  shall  yearly  ascertain  the  amount  necessary  for  the 
aforesaid  purposes  and  certify  it  to  the  board  of  estimate  and 
apportionment  of  the  city  of  New  York,  which  shall  include  in 
the  annual  budget  such  sums  as  said  board  of  estimate  shall  deem 
advisable,  which  sums  shall  be  paid  by  the  city  of  !N'ew  York. 
All  appropriations  made  by  the  state  for  the  said  library  for 
purposes  not  otherwise  herein  provided  for  shall  be  paid  by  the 
treasurer  of  the  state  upon  the  warrant  of  the  comptroller  to  the 
said  trustees,  to  be  by  them,  or  a  majority  of  them,  disbursed  in 
the  purchase  of  books  for  said  library.  ^Added  hy  L.  1911,  ch. 
657.] 

ARTICLE  46 

Laivs    Repealed;   Saving'    Clause;   When   to 

Take  Effect 

Section  1190.  Laws  repealed. 

1191.  Saving  clause. 

1192.  When  to  take  effect. 

§  1190.  Laivs  repealed.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column 
is  hereby  repealed. 

§  1191.  Saving  clause.  Nothing  herein  contained  shall 
be  construed  to  impair  or  in  any  manner  affect  or  change  any 
special  law  touching  the  schools  or  school  system  of  any  city  or  in- 
corporated village  unless  the  same  is  so  stated. 

§  1192.  When  to  take  effect.  This  chapter  shall  take 
effect  immediately. 


EDUCATION    LAW 


237 


Revised  Statutes 
Revised  Statutes 
Revised  Statutes 
Revised  Statutes 
Revised  Statutes 
Revised  Statutes 

Laws  of 

1784 

1784 

1787 

1791 

1795 

1796 

1797 

1798 

1801 

1801 

1802 

1807 

1808 

1809 

1810 

1811 

1812 

1812 

1813 

1813 

R.  L.  1813.. 
R.  L.  1813.. 

1814 

1814 

1815 

1815 

1816 

1817 

1818 

1819 

1819 

1819 


Schedule  of  Laws  Repealed. 

.  Part  1,  chapter     9,  title  8 All 

.  Part  1,  chapter  15,  title  1 .All 

.  Part  1,  chapter  15,  title  2 All 

.  Part  1,  chapter  15,  title  3 All 

.  Part  1,  chapter  15,  title  4 All 

.  Part  1,  chapter  15,  title  6 All 


Chapter  Section 


fj  J. 

15 

.    .    .             XiiJ.       \^   i 

...     All  (8 

82 

...     All 

45 

...     All 

75 

...     All 

49 

...     All 

34 

...     All 

48 

...     All 

189 

...      3 

195 

...      28 

30 

...     All 

135 

...     All 

218 

...     All 

156 

.  .  .      4 

85 

...      10 

246 

...      53,  54 

131 

...      All 

242 

...     All 

52 

...     All 

100 

...     All 

59 

...     All 

82 

...     17 

27 

...     All 

192 

...     All 

207 

...     All 

252 

. . .     All 

202 

. .  .     All 

89 

...     All 

276 

. . .     All 

161 

. . .     All 

164 

. . .     All 

239 

. .  .     All 

238  NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Laws  of 

Chapter 

Section 

1820 

. .   224 

.  .   Ail 

1821 

48 

.  .  All 

1821 

61 

.  .   All 

1821 

73 

.  .  All 

1821 

. .  240 

..  2 

1822 

. .  234 

.  .  All 

1822 

. .  256 

. .  All 

1823 

. .   189 

. .  All 

1823 

. .   193 

.  .  All 

1823 

. .  269 

. .  27 

1824 

. .   131 

..  All 

1824 

. .  239 

.  .  22 

1824 

.  .  276 

..   9 

1825 

. .   166 

.  .   1-3,  5 

1825 

.  .  203 

. .  All 

1826 

30 

.  .  All 

1827 

97 

.  .   2-4 

1827 

. .  293 

.  .  All 

1828 

..   21 

.  .  1,  1[1  227,  267,  282,  411,  418, 
442,  500,  524  (2d  meet.) 

1829 

..  287 

.  .  2-9 

1829 

. .  376 

..   5 

1830 

. .  170 

..  All 

1830 

. .  219 

.  .  All 

1830 

. .  240 

.  .  16,  pt.  affecting  R.  S.,  Pt.  1, 
Ch.  15,  Tit.  2,  Art.  1,  §  3 

1830 

. .  284 

..  2 

1830 

. .   320 

. .  5-7 

1831 

44 

..  All 

1831 

. .   142 

. .  All 

1831 

. .   206 

. .  All 

1832 

. .  223 

..  All 

1832 

. .   299 

. .  All 

1832 

. .  317 

. .  All 

1833 

19 

. .  All 

1833 

. .   109 

. .  All 

1834 

. .   140 

. .  All 

1834 

. .  241 

. .  All 

1835 

34 

. .  All 

1835 

80 

.  .  All 

EDUCATION  LAW 

Laws  of 

Chapter 

Section 

1835 

. .   123... 

All 

1835 

..   138... 

1 

1835 

. .   308... 

All 

1836 

. .   142... 

All 

1836 

..   226... 

1-3 

1836 

. .   228... 

2-4 

1836 

.  .   399 

4 

1836 

..   511... 

3 

1837 

. .   200... 

All 

1837 

. .   241... 

All 

1837 

. .   298... 

All 

1838 

. .   244... 

All 

1839. 

. .   177... 

All 

1839 

. .   200... 

All 

1839 

. .   226... 

All 

1839 

. .   315... 

1,2 

1839 

. .  330... 

All 

1840 

. .   174... 

2 

1840 

. .   366... 

All 

1840 

. .   381... 

All 

1841 

. .   163... 

All 

1841 

. .   260... 

All 

1842 

. .   142... 

All 

1842 

. .   150... 

4 

1842 

. .   273... 

All 

1843 

85... 

All 

1843 

133 

All 

1844 

. .   234... 

All 

1844 

. .   254... 

All 

1844 

. .   255... 

All 

1844 

. .   261... 

All 

1844 

. .   311... 

All 

1844 

. .   320... 

50,  pt.  repealing  L, 

150 

1845 

14... 

2 

1845 

85... 

All 

1845 

..   179... 

All 

1846 

. .   45... 

All 

1846 

66... 

All 

1846 

..   132... 

All 

239 


1842,   Ch. 


240  NEW    YOKK    STATE    EDUCATION    DEPARTMENT 


Laws  of 

Chapter 

Section 

1846 

.  .   186 

. .  All 

1846 

. .   323 

.  .  All 

1847 

50 

. .  All 

1847 

. .   172 

. .  All 

1847 

..   190 

. .  All 

1847 

..  208 

..  3 

1847 

..   211 

.  .  All 

1847 

..   212 

. .  All 

1847 

..   273 

. .  All 

1847 

..   358 

. .  All 

1847 

..   361 

. .  All 

1847 

..   388 

. .  All 

1847 

. .  443 

. .  All 

1847 

..  480 

. .  All 

1847 

..  485 

.  .  All 

1848 

..   262 

.  .  2-4 

1848 

..   318 

. .  All 

1849 

..   140 

.  .  All 

1849 

..   175 

.  .  All 

1849 

..   266 

. .  All 

1849 

..   300 

. .  All 

1849 

..   382 

.  .  1-12,  14-16 

1849 

..   388 

..  All 

1849 

..  404...... 

.  .  All 

1850 

7 

..  All 

1850 

51 

.  .  1 

1850 

89 

..  All 

1850 

..   184 

..  All 

1850 

..   261 

..  All 

1850 

..   360 

..  All 

1850 

..  378 

. .  All 

1851 

..   151 

..  All 

18^1 

..  425 

. .  All 

1851 

..  449 

..  All 

1851 

. .   500 

..  All 

1851 

,  ..   544 

. .  All 

1852 

97 

..  All 

1852 

,  ..   333 

..  2-4 

1852 

,  ..   366 

..  All 

1853 

. ..   78 

..  All 

EDU 

CATION  LAW 

Laws  of 

Chapter 

Section 

1853 

..   115 

.  .   All 

1853 

. .   184 

. .  All 

1853 

.  .   185 

.  .  All 

1853 

. .   402 

.  .  All 

1853 

. .   433 

.  .  All 

1853 

. .   491 

. .  All 

1854 

80 

. .  All 

1854 

97 

. .  All 

1854 

. .  167 

. .  All 

1854...... 

. .   228 

. .  All 

1854 

.  .  272 

. .  1-3 

1855 

18 

. .  All 

1855 

.  .   50 

.  .  All 

1855 

91 

.  .  All 

1855 

.  .  178 

. .  All 

1855 

. .  410 

.  .  All 

1855 

. .  471 

. .  1-3 

1855 

. .   539 

1  pt.  re 

1856 

51 

.  .  All 

1856 

. .   71 

.  .  All 

1856 

. .  168 

.  .  All 

1856 

. .  179 

.  .  All 

1856 

. .  180 

.  .  All 

1856 

. .  186 

.  .  All 

1857 

51 

..   3,4 

1857 

. .  527 

.  .  All 

1858 

.  .  151 

.  .  All 

1858 

. .  290 

. .  All 

1859 

. .  230 

.  .  All 

1859 

. .  278 

. .  All 

1859 

. .   395 

. .  All 

1859 

. .  426 

..  All 

1860 

. .   314 

.  .  All 

1860 

. .  402 

. .  All 

1860 

..  456 

.  .  All 

1862 

. .   351 

. .  All 

1862 

. .  384...... 

. .  All 

1862 

. .  450 

. .  All 

1863 

..   325 

. .  All 

1863 

..  378 

. .  All 

241 


relating   to  indigent  blind 


242  ]S'EW    YORK    STATE    EDUCATIOJS"    DEPARTMENT 


Laws  of 

Chapter 

Section 

1863 

..     401 

..     All 

1863 

..      418 

.  .     All 

1863 

..     463 

.  .     All 

1864 

..      386 

.  .     All 

1864 

. .      555 

..     All 

1864 

..      556 

..     /ll 

1864 

. .      583 

.  .     All 

1865 

. .      445 

. .     All 

1865 

. .      585 

..     All 

1865 

..      587 

. .     All 

1865 

. .      647 

..     All 

1865 

. .      722 

. .     All 

1866 

. .       78 

. .     All 

1866 

. .      466 

..All 

1866 

.  .      520 

. .     All 

1866 

. .     708 

. .     All 

1866 

. .      800 

. .     All 

1866 

. .      882 

. .     All 

1867 

84 

. .     All 

1867 

. .      406 

..     All 

1867 

. .      583 

..     All 

1867 

. .     725 

. .     All 

1867 

. .     744 

. .     All 

1867 

. .     763 

. .     All 

1867 

. .      819 

. .     All 

1869 

18 

. .     All 

1870 

60 

..     All 

1870 

. .      166 

. .     All 

1870 

. .      180 

..     All 

1870 

. .     492 

.  .      2,      commencing      "  The     local 
boards "    and    ending    "  the 
respective  schools  " 

1870 

. .     557 

..All 

1870 

. .      565 

.  .     All 

1871 

. .      166 

.  .     All 

1871 

. .      329 

. .     All 

1871 

. .      359 

.  .     All          • 

1871 

.  .      548 

.  .     All 

1871 

. .     711 

. .     All 

1871 

. .      746 

. .     All 

EDUCATION  LAW 

Laws  of 

Chapter 

Section 

1871 

..  747... 

All 

1872 

..   392... 

All 

1872 

..   616... 

All 

1872 

..   654... 

All 

1872 

. .   670... 

All 

1873 

..   463... 

All 

1873 

. .   642 .. . 

4-11 

1874 

45 .  .  . 

All 

1874 

..   253... 

All 

1874 

. .   421... 

All 

1874 

. .   514... 

All 

1875 

. .   176... 

All 

1875 

. .  213... 

All 

1875 

. .   322... 

All 

1875 

. .   372... 

All 

1875 

. .   567... 

All 

1876 

50... 

All 

1876 

. .   132... 

All 

1876 

. .  318... 

All 

1876 

. .   372... 

All 

1876 

. .   374... 

All 

1877 

33... 

All 

1877 

. .   94... 

All 

1877 

. .   161... 

All 

1877 

. .  163... 

All 

1877 

. .  219... 

All 

1877 

. .  413... 

All 

1877 

. .  425... 

1-6 

1878 

. .   173... 

All 

1878 

. .   174... 

All 

1878 

. .  248... 

All 

1879.... .  . 

. .   134... 

All 

1879 

. .  264... 

All 

1879 

. .  289... 

All 

1879 

.  .  396... 

All 

1879 

. .  405 .. . 

All 

1880 

9.  .  . 

All 

1880 

27... 

All 

1880 

. .  210... 

All 

1880 

. .   348... 

All 

243 


244 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Laws  of 

Chapter 

Section 

1880 

. .   355 

.  .  All 

1880 

..  400 

..   3 

1880 

..   455 

.  .   All 

1880 

. .   514 

.  .  All 

1880 

. .  527 

..  All 

1880 

. .   549 

1,  so  far  as  amendatory  of  L. 
1879,  Ch.  272 

1881 

. .   120 

.  .  All 

1881 

.  .   223 

.  .  All 

1881 

.  .   281 

..All 

1881 

. .  377 

.  .  All 

1881 

. .  492 

.  .  All 

1881 

. .   528 

. .  All 

1881 

. .   032 

. .  All 

1881 

. .   675 

.  .  All 

1882 

51 

. .  All 

1882 

.  .   115 

..  All 

1882 

.  .   116 

. .  All 

1882 

. .   147 

. .  All 

1882 

..   318 

. .  All 

1882 

. .   319 

. .  All 

1882 

. .   333 

. .  All 

1882 

..   381 

. .  All 

1883 

75 

. .  All 

1883 

.  .   172 

..  All 

1883 

.  .   250 

. .  All 

1883 

.  .   270 

. .  All 

1883 

.  .   275 

..All 

1883 

.  .   294 

.  .  All 

1883 

.  .   328 

.  .  All 

1883 

. .   355 

.  .  2-4 

1883 

413 

All 

1883 

. .   414 

. .  All 

1883 

423 

All 

1884 

30 .  . 

..All 

1884 

49 

. .  All 

1884 

89 

. .  All 

1884 

.  .   179 

. .  All 

1884 

.  .   248 

.  .  All 

1884 

..   413 

. .  All 

EDUCATION    LAW                                                         245 

Laws  of 

Chaptei 

Section 

1884 

. .      427... 

All 

1885 

58... 

All 

1885 

. .      146... 

1 

1885 

. .      340... 

1-11 

1885 

.  .      533... 

All 

1886 

.  .      121... 

All 

1886 

.  .      199... 

All 

1886 

. .      292... 

All 

1886 

. .      413... 

1,    beginning   "  and   it   shall   be 

the  duty  of  "  and  ending  "  of 
the  state '' 

1886 

. .      428... 

All 

1886 

. .      493... 

All 

1886 

.  .      591... 

All 

1886 

.  .      595... 

All 

1886 

. .      614... 

.....     All 

3  886 

.  .      615... 

All 

1886 

.  .      655... 

All 

1887 

14... 

All 

1887 

. .     291... 

All 

1887 

.  .      318... 

All 

1887 

. .      333... 

All 

1887 

. .      334... 

All 

1887 

.  .      335... 

All 

1887 

.  .      538... 

All 

1887 

.  .      540... 

All 

1887...... 

.  .      592... 

All 

1887 

. .      602... 

All 

1887 

. .      652... 

All 

1887 

. .      672... 

All 

1887 

. .      675... 

All 

1887 

. .     709... 

All 

1888 

27... 

All 

1888 

.  .      196... 

All 

1888 

.  .      209... 

All 

1888 

.  .      331 ..  . 

All 

1888 

. .      334... 

All 

1888 

..      337... 

All 

1888 

..      444... 

All 

1888 

..      533... 

All 

246  NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Laws  of 

Chapter 

Section 

1889 

25 

.  .   Ail 

1889 

. .   77 

.  .   1 

1889 

dO 

.  .  All 

1889 

. .   131.  .... 

.  .  All 

1889 

. .   139 

.  .  All 

1889 

. .   142 

.  .  All 

1889 

. .   245 

.  .  All 

1889 

. .   328 

.  .  All 

1889 

. .   333 

.  .  All 

1889 

. .   517 

.  .  All 

1889 

. .   529 

.  .  All 

1890 

73 

.  .  All 

1890 

. .   74 

.  .  All 

1890 

. .  170 

.  .  All 

1890 

. .  175 

.  .  All 

1890 

. .  197 

..  All 

1890 

. .  352 

.  .  All 

1890 

. .   431 

.  .  All 

1890 

. .  469 

.  .  All 

1890 

. .   524 

. .  All 

1890 

. .   526 

. .  All 

1890 

. .   534 

. .  All 

1890 

.  .   548 

. .  All 

i»y± 

.  .   303 

. .  All 

1891 

. .   329 

. .  All 

1891 

. .  377 

. .  All 

1892 

36 

. .  All 

1892 

. .  152 

.  .  All 

1892 

.  .   214 

. .  All 

1892 

. .   280 

.  .  All 

1892 

. .   352 

.  .  All 

1892 

. .   378 

. .  All 

1892 

. .  573 

.  .  All 

1893 

6 

. .  All 

1893 

58 

. .  All 

1893 

63 

. .  All 

1893 

. .  484 

. .  All 

1893 

. .   485 

. .  All 

1893 

. .   488 

.  .  All 

1893 

. .   500 

. .  All 

EDUCATION    LAW                                                      24^ 

Laws  of 

Chapter                Sectioii 

1893 

..      636... 

All 

1893 

..      706... 

All 

1894 

..      127... 

All 

1894 

..      229... 

All 

1894 

..      443... 

All 

1894 

..      488... 

All 

1894 

..      556... 

All 

1894 

..      671... 

All 

1895 

..        87... 

All 

1895 

..      222... 

All 

1895 

..      223... 

All 

1895 

..      231... 

All 

1895 

..      232... 

All 

1895 

..      273... 

All 

1895 

..      274... 

All 

1895 

..      337... 

All 

1895 

..      341... 

2 

1895 

..      362... 

1,  2 

1895 

..      546... 

All 

1895 

..      550... 

All 

1895 

..      553... 

.    ...     10 

1895 

..      563... 

All 

1895 

..     577... 

All 

1895...... 

..      630... 

All 

1895 

..      767... 

All 

1895 

..     768... 

All 

1895 

..     769... 

All 

1895 

..      853... 

All 

1895 

. .      859... 

All,     except    pt.     amending    L. 

1892,  Ch.  378,  §  19,  last  two 
sentences 

1895 

..      988... 

All 

1895 

..   1031... 

All 

1895 

. .    1041. . . 

All 

189G 

..       71... 

All 

1896 

..      156... 

All 

1896 

..     165... 

All 

1896 

..     177... 

All 

1896 

..      196... 

All 

1896 

..      238... 

All 

248  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

Laws  of  Chapter  Section 


1896 

...   264 

...  All 

1896 

...  434 

...  All 

1896 

...  467 

...  All 

1896 

...  493 

...  All 

1896 

...   575 

...  All 

1896 

...   586 

...  All 

1896 

...   606 

...  All 

1896 

...   646 

...  All 

1896 

...   901 

...   All 

1897 

...   97 

...  All 

1897 

...   185 

...  All 

1897 

...   195 

...  All 

1897 

...  224 

...  All 

1897 

...   293 

...  All 

1897 

...   294 

...  All 

1897 

...  466 

...  All 

1897..... 

...  482 

...  All 

1897 

...   495 

...  All 

1897 

...   512 

...  All 

1897 

...   689 

...  All 

1898 

...   122 

...  All 

1898 

...   223 

...  All 

1898 

...  481 

...  All 

1898 

...   649 

...  All 

1899 

...  440 

...  All 

1899 

...  489 

...  All 

1899 

...   540 

...  All 

1900 

22 

...  All 

1900 

...  258 

...  All 

1900. .. . 

..   301 

...  All 

1900 

...  481 

...  All 

1900 

...   490 

...  3 

1900 

...   492 

...  All 

1901 

85 

...  1 

1901 

...   201 

...  All 

1901 

...   343 

...  All 

1901 

...   480 

...  All 

1901 

...   492 

...  All 

1901 

...   498 

...  All 

1901 

...   592 

...  All 

EDUCATION    LAW                                                        z4:Vf 

Laws  of 

Chapter                Section 

1901 

. .      644... 

3 ,  part  beginning  "All  persons  " 

and    ending    ^'  proper    regula- 
tions " 

1902 

IG... 

All 

1902 

32... 

All 

1902 

. .      185... 

All 

1902 

. .      316... 

All 

1902 

. .      325... 

All 

1902 

. .      393... 

All 

1903 

62... 

All 

1903 

. .      112... 

All 

1903 

. .      125... 

All 

1903 

. .      175... 

All 

1903 

.  .     223... 

All 

1903 

.  .      233... 

All 

1903 

. .      265... 

All 

1903 

. .     289... 

All 

1903 

. .     459... 

All 

1903 

. .      463... 

All 

1903 

. .     489... 

All 

1903 

. .      576... 

All 

1904 

37... 

All 

1904 

40... 

All 

1904 

. .      166... 

..:..     All 

1904 

. .      254... 

All 

1904 

. .      281... 

All 

1904 

. .      305... 

All 

1904 

. .      322... 

All 

1904 

. .      390... 

All 

1904 

. .      424... 

All 

1904 

. .     427... 

All 

1904 

. .      677... 

All 

1905 

97... 

All 

1905 

. .     119... 

All 

1905 

. .     154... 

All 

1905 

. .     161... 

All 

1905 

. .      252... 

All 

1905 

. .      258... 

All 

1905 

. .      280... 

All 

1905 

. .      311... 

All 

250                    NEW  YORK    STATE    EDUCATION    DEPARTMENT 

Laws  of  Chapter  Section 

iy05 562 All 

1905 563 All 

1906 1 All 

1906 58 All 

iy06 64 All 

1906 150 All 

1906 200 All 

1906 218 All 

1906 682 3,  4 

1906 698 Ail 

1907 103 All 

1907 184 All 

1907 186 All 

1907.. 496 4 

1907 585 All 

1907 606 All 

1907 608 All 

1907 609 All 

1908 79 All 

1908 200 3 

1908 201 2-4,  7 

1908 202 All 

1908 249 All 

1908 263 1-5;  6,  first  sentence;  7 

1908 304 All 

1908 365 All 

1908 476 All 

1908 482 All 

1908 499 All 

1909 1 All 

1909 141 All 

1909 252 All 

1909 263 All 

1909 404 All 

1909 406 All 

1909 409 All 

1909 415 All 


EDUCATIOJS^  LAW  251 


TABLE    SHOW^ING    DISPOSITION    OF    SECTIONS 

OF  EDUCATION  LAW^  (L.  1909,  Ch.  21)  IN 

AMENDATORY  ACT  OF  1910  (Ch.  140) 


Section 

of  act  of 

1909 

Section 

of  act  of 

1910 

1 

1 

2..., 

2 

201 

|120 

"\121 

21/ 

22..., 

. .     127 

23.... 

. .      123 

24... 

.  .      124 

25..., 

.  .      125 

26... 

.  .      128,  133 

27... 

.  .      129 

28... 

.  .      130 

29... 

.  .      131 

30... 

.  .      132 

31.  .  . 

. .      134 

32... 

.  .      135 

33... 

.  .      136 

34... 

. .      137 

35... 

.  .      138 

36... 

.  .      139 

37... 

.  .      140 

38... 

.  .      141 

39... 

.  .      142 

40... 

.  .      144 

41... 

.  .      143 

42... 

.  .      145 

43... 

..      146 

44... 

..      147 

45.  .. 

..      148 

46... 

..      149 

47... 

..      150 

48.  .. 

.  .      151 

49... 

.  .      152 

Section 

of  act  of 

1909 

Section 

of  act  of 

1910 

60. . . . 

.     170 

61.... 

.     171 

62.... 

.     172 

80.... 

.      190 

81.... 

.      191 

82.... 

.      192 

83.... 

.      193 

84.... 

.      194 

85.... 

.      196 

86 ...  . 

.      197 

87.... 

.      195 

88.... 

.      198 

89.... 

.      19-9 

90.... 

.      20O 

91.... 

.      201 

92.... 

.      202 

93.... 

.      203 

94.... 

.      204 

95.... 

.      205 

96.... 

.      206 

97.... 

.      207 

110.... 

.      450 

111.. .. 

.     451,  452 

11'2.... 

.     453 

113.... 

.     454 

114.... 

.     455 

115.... 

.      456 

116.... 

.     457 

117.... 

.      458 

118.... 

.      459 

119.... 

.      460 

120.:.. 

,  .      461 

252  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

Section  Section  Section  Section 

of  act  of  of  act  of  of  act  of  of  act  of 

1909  1910  1909  1910 

121 462              198 276 

122 463             199 277 

123 464             200 278 

124 465             201 279 

125 466              202 280 

126 467             203 281 

140 222             204 282 

141 221             205 283 

142 224          •   220 300 

143 225             221 301 

144 226             222 302 

145 227             223 303 

146 228             224 305 

147 229             225 306 

148 230             226 307 

149 232             227. 308 

150 233             228 30-9 

151 234             229 310 

152 235             230 312 

170 250'             231 313 

171 251             232 314 

172 252             233 315 

173 253             234 316 

174 254    "         235 317 

175 255             236 318   • 

176 256             237 319 

177 257       .      238 320 

190 270             239 Eepealed  (See  § 

191 271  97.) 

192 272             240 310,  subd.  20 

193 273              241 321 

194 274             242 323 

195 275,  subds.  1-3,   243 324 

5-11,  13;  §284   244 325 

19'6 275,  subds.  14-19        245 326 

197 275,  subd.  17               246 Eepealed 


EDUCATIOJN^  LAW  253 

Section  Section  Section  Section 

of  act  of  of  act  of  of  act  of  of  act  of 

1909  1910  1909                       1910 

247 327  340 94,  subd.  10 

248 328  341 97-98 

26'0 340  360 880 

261 341  361 881 

280 360  362 882 

281 361  380 410 

282 362  381 411 

283 363  382 412 

284 364  38'3 413 

285 365  384 414 

300 380  385 415 

301 381  386 440 

302 382  387 440 

303 383  387-a....  440 

304 384  388 416 

305 385  389 417 

306 386  390 418 

307 387  391 419 

308 388  392 420 

309 389  393 421 

310.....  390  394 422 

311 391  395 423 

312 392  39'6 424 

313 393       .       397 425 

314 394  398 426 

315 395  399 427 

330 90-93  400 428 

331 94  401 429 

332 25  402 430 

333 Eepealed         403 431 

334 Eepealed         404 432 

335 26  405 433 

336 94,  subd.  7       400 434 

337 94,  subd.  8       407 435 

338 95  408 436 

339 94,  subd.  9       409 437 


264  NEW  YORK  STATE   EDUCATION  DEPARTMENT 

Section  Section  Section  Section 

of  act  of  of  act  of  of  act  of  of  act  of 

1909  1910  1909  1910 

410 438  511 861 

411 439  512 862 

430 480  530 621,622,623 

450 490  531 624,  625 

451 491  532 626,  627 

452 492  533 628 

453 493  534 629,630,631 

454 494     '        535 632 

455 49'5  536 633,  634 

456 496  537 635 

457 497  538 636 

458 498  55'0 550 

459 499  551 551 

460 500  552 553,  554 

461 601  553 555 

462 502  554 •.  556 

48'0 520  555 557 

481 521  556 558 

482 522  5-57 559 

483 523  558 560 

'484 524  559 Eepealed 

485 525  560 Repealed 

486 626  561 Eepealed 

487 527  562 561 

488 528  563 562 

500 850-  564 563 

501 .  851  565 564 

502 852  566 565 

503 853  567 566 

504 854  568 567 

505 8'55  580 670 

506 .  8.56  581 671 

507 .  857  582 672 

508 858  583 673 

509 85'9  600 580-585 

510 860  601 586 


EDUCATION  LAW 


255 


Section  Section 

of  act  of  of  act  of 

1909  1910 

602 Eepealed 

620 770 

621 771 

622 454 

623 772,  774 

624 Repealed 

6-25 773 

626 775 

640 790 

641 791 

642 792 

643 Eepealed 

644 793 

645 794 

660 810 

661 811 

662 812,  813,  814 

663 815 

664 816,  817 

665 818 

66& 819 

667 820 

668 821 

669 822 

670 823 

671 824 

672 825 

673 826 

674 827        < 

675 828 

676 829 

677 830 

678 831 

679 832,  833 

700 710 

701 711 

702 712 


Section  Section 

of  act  of  of  act  of 

1909         1910 

703 713 

720 730 

721 731 

722 732 

723 733 

740 750 

741 751 

742 752 

743 Repealed 

760 690 

761.....  691 

780 94,  siibd.  11 

781 94,  subd.  11 

800 Repealed 

801 Repealed 

802 Repealed 

820 600,  601 

821 602 

822 60-3 

823 604,  605 

824 606 

840 Repealed 

860 900 

861 901 

862 902 

880 940 

881 941 

882 942 

883 943 

900 Repealed 

901 945 

902 946,  947 

903 948 

904 949 

905 9'50 

906 951 

907 952 


256  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

Section  Section  Section                  Section 

of  act  of  of  act  of  of  act  of  of  act  of 

1909                       1910  1909                       1910 

908 953  982 922 

90'9 954  lOO'0 650 

920 970'  1001 651 

921 971  1002 652 

922 972  1003 653 

923 973  1004 654 

924 974  1020 1110 

925 975  1021 1111 

926 976  1022 1112 

927 977  1023 1113 

928 978  li024 1114 

929 979  1025 1115 

930 980  1026 1116 

940 990  1027 1117 

941 991  1028 1118 

942 992  102'9 1119 

943.  .  .  ..   993  1030 1120 

944 994  1031 1121 

945 995  1032.  ....  1122 

946 996  10'33 1123 

947 997  10^34 1124 

948 998  1035 1125 

949 999  10'36 1126 

9'50 1000  1037 1127 

951 1001  1038 1128 

952 1002  10^39 1129 

953 1003  1040 1130 

954 1004  1041 1131 

955 1005  1042 1132 

956 1006  1043 1133 

957 1007  1044 1134 

958 1008  1045 1135 

959 1009  1046 1136 

960 1010  1047 1137 

961 1011  1048 1138 

980 920  1049 1139 

981 921  1050 1140 


EDUCATION  LAW 


257 


Section  Section 

of  act  of      of  act  of 

1909         1910 

1051 1141 

1052 1160 

1053 1161 

1054 1162 

1055 1163 

1056 1164 

1057 1165 

1058 1166 

1059 1167 

1060 1168 

10'61 1169 

1062 1170 

1063 1171 

1064 1172 

1065 1173 

1006 1174 

1067 1175 

10'68 1176 

1069 1177 

1070 1178 

1071 1179 

1080 40 

1081 41 

1082 42 

1083 43 

1084 44 

1085 45 

1086 46 

1087 •.   47 

1088 48 

108-9 49 

10'90 52 

1091 53 

1092 54 

1093 55 

1094 56 

9 


Section  Section 

of  act  of  of  act  of 

1909         1910 

1095 57 

1096 58 

1097 59 

1098 60 

1099 61 

1100 6i2 

1101 63 

1102 64 

1103 65 

1104 66,  67 

1105 68 

1106 69 

1120 1030 

1121 1031 

1122 1032 

1123 1033 

1124 1034 

1125 1035 

1126 103'6 

1127 1037 

1128 1038 

1129 1039 

1140 1050 

1141 1051 

1142 1052 

1160 1070 

1161 1071 

1162.....  1072 

1180 1090 

1181 1091 

1182 1092 

1183 1093 

2000 1190 

2001 1191 

2002 1192 


258  NEW  YOEK  STATE  EDUCATION  DEPARTMENT 

OTHER  LAWS  RELATING  TO   SCHOOLS 

I.  Constitutional  provisions  relating  to  education 
II.  Taxation 

1.  Exemptions 

2.  Taxes  on  state  lands 

3.  Taxation  of  banks,  banking  associations   and  indi- 

vidual bankers 

4.  Collection  of  taxes 

5.  Apportioning  valuation  of  railroads,  telegraph,  tele- 

phone   and   pipe   line   companies   between    school 
districts 

6.  Taxation  in  St.  Lawrence  county 

III.  Vaccination  of  school  children 

IV.  Public  holidays 

V.  Actions  by  school  trustees 
VI.  Penal  provisions  relating  to  schools  and  school  officers 
VII.  Employment  of  children  of  school  age 

1.  Employment  in  factories 

2.  Employment  in  mercantile  es,tablishments 

3.  Employment  in  street  trades 
VIII.  Financial  provisions 

IX.  Fees  of  supervisor 

X.  School  commissioner  districts 
XI.  Liquors  sold  near  school-houses 
XII.  Savings  banks  in  schools 
XIII.  Legalizing  school  bonds ;  rate  of  interest 
XIV.  Agricultural  education  and  country  life  advancement 

I.   CONSTITUTIONAL   PROVISIONS   RELAT- 
ING  TO  EDUCATION 

Constitution,  art,  9 

§  1.  Cominon.  schools.  The  legislature  shall  provide  for 
the  maintenance  and  support  of  a  system  of  free  common  schools, 
wherein  all  the  children  of  this  state  may  be  educated. 

§  2.  Higlier  education.  The  corporation  created  in  the 
year  1Y84,  under  the  name  of  the  regents  of  the  university  of  the 
state  of  New  York,  is  hereby  continued  under  the  name  of  the 


OTHER    LAWS    EELATIXG    TO    SCHOOLS  259 

university  of  the  state  of  I^ew  York.  It  shall  be  governed  and  its 
corporate  powers,  which  may  be  increased,  modified  or  diminished 
by  the  legislature,  shall  be  exercised,  by  not  less  than  nine  regents. 

§  3.  Educational  funds.  The  capital  of  the  common  school 
fund,  the  capital  of  the  literature  fund,  and  the  capital  of  the 
United  States  deposit  fund,  shall  be  respectively  preserved  invio- 
late. The  revenue  of  the  said  common  school  fund  shall  be  applied 
to  the  support  of  common  schools ;  the  revenue  of  the  said  literature 
fund  shall  be  applied  to  the  support  of  academies;  and  the  sum 
of  $25,000  of  the  revenues  of  the  United  States  deposit  fund  shall 
each  year  be  appropriated  to  and  made  part  of  the  capital  of  the 
said  common  school  fund. 

§  4.  Restrictions  of  subsidies.  Neither  the  state  nor 
any  subdivision  thereof,  shall  use  its  property  or  credit  or  any 
public  money,  or  authorize  or  permit  either  to  be  used,  directly 
or  indirectly,  in  aid  or  maintenance,  other  than  for  examination 
or  inspection,  of  any  school  or  institution  of  learning  wholly  or 
in  part  under  the  control  or  direction  of  any  religious  denomina- 
tion, or  in  which  any  denominational  tenet  or  doctrine  is  taught. 

II.  TAXATION 

Provisions  of  Tax  Law  {L.  1909,  ch.  62)  relative  to  school  taxes 

1.  Exemptions 

§    4.   Exemption  from  taxation.   The  following  property 

shall  be  exempt  from  taxation: 

1.  Property  of  the  United  States. 

2.  Property  of  this  state  other  than  its  wild  or  forest  lands  in 
the  forest  preserve. 

3.  Property  of  a  municipal  corporation  of  the  state  held  for  a 
public  use,  including  real  property  held  or  used  for  cemetery  pur- 
poses, and  all  lots  and  plats  therein  conveyed  by  the  municipal 
corporation  as  places  for  the  burial  of  the  dead,  except  the  portion 
of  municipal  property  not  within  the  corporation. 

5.  All  property  exempt  by  law  from  execution,  other  than  an 
exempt  homestead.  But  real  property  purchased  with  the  pro- 
ceeds of  a  pension  granted  by  the  United  States  for  military  or 
naval  services,  and  owned  and  occupied  by  the  pensioner,  or  by 


260  NEW  YOEK  STATE   EDUCATION  DEPARTMENT 

his  wife  or  widow,  is  subject  to  taxation  as  herein  provided.  Such 
property  shall  be  assessed  in  the  same  manner  as  other  real 
property  in  the  tax  districts.  At  the  meeting  of  the  assessors  to 
hear  the  complaints  concerning  assessments,  a  verified  application 
for  the  exemption  of  such  real  property  from  taxation  may  be  pre- 
sented to  them  by  or  on  behalf  of  the  owner  thereof,  which  appli- 
cation must  show  the  facts  on  which  the  exemption  is  claimed, 
including  the  amount  of  pension  money  used  in  or  toward  the 
purchase  of  such  property.  If  the  assessors  are  satisfied  that  the 
applicant  is  entitled  to  the  exemption,  and  that  the  amount  of 
pension  money  used  in  the  purchase  of  such  property  equals  or 
exceeds  the  assessed  valuation  thereof,  they  shall  enter  the  word 
^'exempt''  upon  the  assessment-roll  opposite  the  description  of 
such  property.  If  the  amount  of  such  pension  money  used  in  the 
purchase  of  the  property  is  less  than  the  assessed  valuation,  they 
shall  enter  upon  the  assessment-roll  the  words  ''  exempt  to  the 
extent  of  .  .  .  dollars  "  (naming  the  amount)  and  thereupon  such 
real,  property,  to  the  extent  of  the  exemption  entered  by  the 
assessors,  shall  be  exempt  from  state,  county  and  general  munic- 
ipal taxation,  but  shall  be  taxable  for  local  school  purposes,  and 
for  the  construction  and  maintenance  .of  streets  and  highways.  If 
no  application  for  exemption  be  granted,  the  property  shall  be 
subject  to  taxation  for  all  purposes.  The  entries  above  required 
shall  be  made  and  continued  in  each  assessment  of  the  property  so 
long  as  it  is  exempt  from  taxation  for  any  purpose.  The  provi- 
sions herein,  relating  to  the  assessment  and  exemption  of  property 
purchased  with  a  pension,  apply  and  shall  be  enforced  in  each 
municipal  corporation  authorized  to  levy  taxes. 

Exemption  from  execution  of  real  property  purchased  with  pension.  Sec- 
tion 1393  of  the  Code  of  Civil  Procedure  provides  as  follows:  The  pay  and 
bounty  of  a  non-commissioned  officer^  musician  or  private  in  the  military  or 
naval  service  of  the  United  States  or  the  State  of  New  York;  a  land  warrant, 
pension  or  other  reward,  heretofore  or  hereafter  granted  by  the  United  States, 
or  by  a  state,  for  military  or  naval  services;  a  sword,  horse,  medal,  emblem 
or  device  of  any  kind  presented  as  a  testimonial  for  services  rendered  in  the 
military  or  naval  service  of  the  United  States  or  a  state;  and  the  uniform, 
arms  and  equipments  which  were  used  by  a  person  in  that  service,  are  also 
exempt  from  levy  and  sale,  by  virtue  of  an  execution,  and  from  seizure  for 
nonpayment  of  taxes,  or  in  any  other  legal  proceeding;  except  that  real 
property  purchased  with  the  proceeds  of  a  pension  granted  by  the  United 
States  for  military  or  naval  services,  and  owned  by  the  pensioner,  or  by  his 
wife  or  widow,  is  subject  to  seizure  and  sale  for  the  collection  of  taxes  or 
assessments  lawfully  levied  thereon.     [As  amended  by  L.  1897,  ch.  318.] 


OTHER  LAWS  RELATING  TO  SCHOOLS  261 

7.  The  real  property  of  a  corporation  or  assooiation  organized 
exclusively  for  the  moral  or  mental  improvement  of  men  or  women, 
or  for  religious,  bible,  tract,  charitable,  benevolent,  missionary, 
hospital,  infirmary,  educational,  scientific,  literary,  library,  pa- 
triotic, historical  or  cemetery  purposes,  or  for  the  enforcement  of 
laws  relating  to  children  or  animals,  or  for  two  or  more  such 
purposes,  and  used  exclusively  for  carrying  out  thereupon  one  or 
more  of  such  purposes,  and  the  personal  property  of  any  such  cor- 
poration shall  be  exempt  from  taxation.  But  no  such  corporation 
or  association  shall  be  entitled  to  any  such  exemption  if  any  officer, 
member  or  employee  thereof  shall  receive  or  may  be  lawfully  en- 
titled to  receive  any  pecuniary  profit  from  the  operations  thereof, 
except  reasonable  coiapensation  for  services  in  effecting  one  or 
more  of  such  purposes,  or  as  proper  beneficiaries  of  its  strictly 
charitable  purposes;  or  if  the  organization  thereof  for  any  such 
avowed  purposes  be  a  guise  or  pretense  for  directly  or  indirectly 
making  any  other  pecuniary  profit  for  such  corporation  or  associa- 
tion, or  for  any  of  its  members  or  employees,  or  if  it  be  not  in 
good  faith  organized  or  conducted  exclusively  for  one  or  more  of 
such  purposes.  The  real  property  of  any  such  corporation  or 
association  entitled  to  such  exemption  held  by  it  exclusively  for 
one  or  more  of  such  purposes  and  from  which  no  rents,  profits  or 
income  are  derived,  shall  be  so  exempt,  though  not  in  actual  use 
therefor  by  reason  of  the  absence  of  suitable  buildings  or  improve- 
ments thereon,  if  the  construction  of  such  buildings  or  improve- 
ments is  in  progress,  or  is  in  good  faith  contemplated  by  such 
corporation  or  association ;  or  if  such  real  property  is  held  by  such 
corporation  or  association  upon  condition  that  the  title  thereto 
shall  revert  in  case  any  building  not  intended  and  suitable  for  one 
or  more  of  such  purposes  shall  be  erected  upon  said  premises  or 
some  part  thereof.  The  real  property  of  any  such  corporation 
not  so  used  exclusively  for  carrying  out  thereupon  one  or  more  of 
such  purposes  but  leased  or  otherwise  used  for  other  purposes, 
shall  not  be  exempt,  but  if  a  portion  only  of  any  lot  or  building 
of  any  such  corporation  or  association  is  used  exclusively  for 
carrying  out  thereupon  one  or  more  such  purposes  of  any  such 
corporation  or  association,  then  such  lot  or  building  shall  be  so 
exempt  only  to  the  extent  of  the  value  of  the  portion  so  used, 
and  the  remaining  or  other  portion,  to  the  extent  of  the  value 
of  such  remaining  or  other  portion,  shall  be  subject  to  taxation; 
provided,  however,  that  a  lot  or  building  owned  and  actually  used 


262  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

fur  hospital  purposes,  by  a  free  public  hospital,  depending  for 
maintenance  and  support  upon  voluntary  charity,  shall  not  be 
taxed  as  to  a  portion  thereof  leased  or  otherwise  used  for  the  pur- 
poses of  income,  when  such  income  is  necessary  for,  and  is  actually 
applied  to  the  maintenance  and  support  of  such  hospital,  and 
further  provided  that  the  real  property  of  any  fraternal  corpo- 
ration, association  or  body  created  to  build  and  maintain  a  build- 
ing or  buildings  for  its  meeting  or  meetings  of  the  general  assembly 
of  its  members,  or  subordinate  bodies  of  such  fraternity  and  for 
the  accommodation  of  other  fraternal  bodies  or  associations,  the 
entire  net  income  of  which  real  property  is  exclusively  applied  or 
to  be  used  to  build,  furnish  and  maintain  an  asylum  or  asylums,  a 
home  or  homes,  a  school  or  schools,  for  the  free  education  or  relief 
of  the  members  of  such  fraternity,  or  for  the  relief,  support  and 
care  of  worthy  and  indigent  members  of  the  fraternity,  their 
wives,  widows  or  orphans,  shall  be  exempt  from  taxation,  and  pro- 
vided also  that  the  real  estate  owned  by  a  free  public  library, 
situate  in  any  village  of  the  third  or  fourth  class,  shall  not  be 
taxed  as  to  that  portion  thereof  leased  or  otherwise  used  for  pur- 
jx)ses  of  income,  when  such  income  is  necessary  for  and  actually 
applied  to  the  maintenance  and  support  of  such  library.  Property 
held  by  any  officer  of  a  religious  denomination  shall  be  entitled  to 
the  same  exemptions,  subject  to  the  same  conditions  and  excep- 
tions, as  property  held  by  a  religious  corporation. 

8.  Real  property  of  an  incorporated  association  of  present  or 
former  volunteer  firemen  actually  and  uxclusively  used  and  oc- 
cupied by  such  corporation  and  not  exceeding  m  value  fifteen 
thousand  dollars. 

•9.  All  dwelling-houses  and  lots  of  religious  corporations  while 
actually  used  by  the  officiating  clergymen  thereof,  but  the  total 
amount  of  such  exemption  to  any  one  religious  corporation  shall 
not  exceed  two  thousand  dollars.  Such  exemption  shall  be  in 
addition  to  that  provided  by  subdivision  seven  of  this  section. 

10.  The  real  property  of  an  agricultural  society  permanently 
used  by  it  for  exhibition  grounds. 

11.  The  real  property  of  a  minister  of  the  gospel  or  priest  who 
is  regularly  engaged  in  performing  his  duties  as  such,  or  perma- 
nently disabled  by  impaired  health  from  the  performance  of  such 
duties,  or  over  seventy-five  years  of  age  and  the  personal  prop- 
erty of  such  minister  or  priest,  but  the  total  amount  of  such  ex- 
emption on  account  of  both  real  and  personal  property  shall  not 
exceed  fifteen  hundred  dollars. 


OTHER    LAWS    RELATING    TO    SCHOOLS  263 

2.  Taxes  on  State  Lands 

Tax  Law,  art.  2 

§  22.  Assessment  of  state  lands.  All  wild  or  forest  land 
within  the  forest  preserve  and  also  all  such  lands  owned  by  the 
state  in  the  towns  of  Altona  and  Dannemora,  county  of  Clinton, 
except  the  lands  in  the  town  of  Dannemora  upon  which  build- 
ings and  inclosures  are  erected  and  maintained  by  the  state  for 
the  use  of  state  institutions,  together  with  said  buildings  thereon, 
shall  be  assessed  and  taxed  at  a  like  valuation  and  rate  as  similar 
lands  of  individuals  within  the  counties  where  situated.  On  or 
before  August  first  in  every  year  the  assessors  of  tht>  town  within 
which  the  lands  so  belonging  to  the  state  are  situated  shall  file  in 
the  office  of  the  comptroller  and  of  the  forest,  fisli  and  game  com- 
mission, a  copy  of  the  assessment-roll  of  the  town,  which,  in  addi- 
tion to  the  other  matter  now  required  by  law,  shall  state  and 
specify  which  and  how  much,  if  any,  of  the  lands  assessed  are  for- 
est lands,  and  which  and  how  much,  if  any,  are  lands  belonging  to 
the  state;  such  statements  and  specifications  to  be  verified  by 
the  oaths  of  a  majority  of  the  assessors.  The  comptroller  shall 
thereupon  and  before  the  first  day  of  September  following,  and 
after  hearing  the  assessors  and  the  forest,  fish  and  game  com- 
mission, if  they  or  any  of  them  so  desire,  correct  or  reduce  any 
assessment  of  state  lands  which  may  be  in  his  judgment  an  unfair 
proportion  to  the  remaining  assessment  of  land  within  the  town, 
and  shall  in  other  respects  approve  the  assessment  and  communi- 
cate such  approval  to  the  assessors.  I^o  such  assessment  of  state 
lands  shall  be  valid  for  any  purpose  until  the  amount  of  assessment 
is  approved  by  the  comptroller,  and  such  approval  attached  to  and 
deposited  with  the  assessment-roll  of  the  town,  and  therewith  de- 
livered by  the  assessors  of  the  tovm  to  the  supervisor  thereof  or 
other  officer  authorized  to  receive  the  same  from  the  assessors.  No 
tax  for  the  ereotion  of  a  school-house  or  opening  of  a  road  shall  be 
imposed  on  the  state  lands  unlessi  such  erection  or  opening  shall 
have  first  been  approved  in  writing  by  the  forest,  fish  and  game 
commission. 

Tax  Law,  art.  4 

§  80.  Payment  of  taxes  on  state  lands  in  forest 
preserve.     The  treasurer  of  the  state,  upon  the  certificate  of 


264  NEW  YOEK  STATE  EDUCATION  DEPAETMENT 

the  comptroller  as  to  the  correct  amount  of  such  tax,  shall  pay  the 
tax  levied  upon  state  lands  in  the  forest  preserve,  by  crediting  to 
the  treasurer  of  the  county  in  v^^hich  such  lands  may  be  situatedj 
such  taxes,  upon  the  amount  payable  by  such  county  treasurer  to 
the  state  for  state  tax.  IsTo  fees  shall  be  allowed  by  the  comptrol- 
ler to  the  county  treasurer  for  such  portion  of  the  state  tax  as  is  so 
paid. 

Lands  in  forest  preserve.  Section  34  of  the  forest,  fish  and  game  law  pro- 
vides as  follows:  The  forest  preserve  shall  include  the  lands  owned  or  here- 
after acquired  by  the  state  within  the  county  of  Clinton,  except  the  towns  of 
Altona  and  Dannemora,  and  the  counties  ipf  Delaware,  Essex,  Franklin,  Fulton, 
Hamilton,  Herkimer,  Lewis^  Oneida,  Saratoga,  Saint  Lawrence,  Warren, 
Washington,  Greene,  Ulster  and  Sullivan,  except 

1.  Lands  within  the  limits  of  any  village  or  city,  and 

2.  Lands  not  wild  lands  acquired  by  the  state  on  foreclosure  of  mortgages 
made  to  loan  commissioners. 

3.  Taxation  of  Banks,  Banking*  Associations 
•      and  Individual  Bankers 

Tax  LaWj  art.  1 

§  13.  Stockholders  of  bank  taxable  on  shares.     The 

stockholders  of  every  bank  or  banking  association  organized 
Tinder  the  authority  of  this  state,  or  of  the  United  States,  shall 
be  assessed  and  taxed  on  the  value  of  their  shares  of  stock  therein ; 
said  shares  shall  be  included  in  the  valuation  of  the  personal 
pToperty  of  such  stockholders  in  the  assessment  of  taxes  in  the 
tax  district  where  such  bank  or  banking  association  is  located, 
and  not  elsewhere,  whether  the  said  stockholders  reside  in  said 
tax  district  or  not. 

§  14.  Place  of  taxation  of  individual  bank  capital. 
Every  individual  banker  shall  be.  taxable  upon  the  amount  of 
capital  invested  in  his  banking  business  in  the  tax  district  where 
the  place  of  such  business  is  lo<!ated  and  shall,  for  that  purpose, 
be  deemed  a  resident  of  such  tax  district. 

Tax  Law,  art.  2 

§  23.  Banks  to  make  report.  The  chief  fiscal  officer  of 
every  bank  or  banking  association  organized  under  the  authority 
of  this  state,  or  of  the  United  States,  shall,  on  or  before  the  first 
day  of  July,  in  each  year,  furnish  the  assessors  of  the  tax  district 
in  which  its  principal  office  i»  located  a  statement  under  oath  of  the 


OTHER    LAWS    RELATING    TO    SCHOOLS  265 

condition  of  such  bank  or  banking  association  on  the  first  day  of 
June  next  preceding,  stating  th^  amount  of  its  authorized  capital 
stock,  the  number  of  shares  and  the  par  value  of  the  shares  thereof, 
the  amount  of  stock  paid  in,  the  amount  of  its  surplus  and  of  its 
undivided  profits,  if  any,  a  complete  list  of  the  names  and  resi- 
dences of  its  stockholders  and  the  number  of  shares  held  by  each. 
In  case  of  neglect  or  refusal  on  the  part-  of  any  bank  or  banking- 
association  to  report  as  herein  prescribed,  or  to  make  other  or 
further  reports  as  may  be  required,  such  bank  or  banking  associa- 
tion shall  forfeit  the  sum  of  one  hundred  dollars  for  each  failure, 
and  the  additional  sum  of  ten  dollars  for  each  day  such  failure 
continues,  and  an  action  therefor  shall  be  prosecuted  by  the  county 
treasurer  of  the  county  in  which  such  bank  or  banking  association 
so  neglecting  or  refusing  to  report  is  located,  and  in  the  city  of 
Eew  York  by  the  receiver  of  taxes  thereof.  There  shalj,  in  addi- 
tion to  such  report,  be  kept  in  the  office  of  every  such  bank  or 
banking  association  a  full  and  correct  list  of  the  names  and  resi- 
dences of  all  stockholders  therein,  and  of  the  number  of  shares 
held  by  each,  and  such  lists  shall  be  subject  to  the  inspection  of  the 
assessors  at  all  times.  The  list  of  stockholders  furnished  by  such 
bank  or  banking  association  shall  be  deemed  to  contain  the  names 
of  the  owners  of  such  shares  as  are  set  opposite  them,  respectively, 
for  the  purpose  of  assessment  and  taxation. 

§  24.  Bank  shares,  hoixr  assessed.  In  assessing  the 
shares  of  stock  of  banks  or  banking  associations  organized  under 
the  authority  of  this  state  or  the  United  States,  the  assessment  and 
taxation  shall  not  be  at  a  greater  rate  than  is  made  or  assessed 
ujx)n  other  moneyed  capital  in  the  hands  of  individual  citizens  of 
this  state.  The  value  of  each  share  of  stock  of  each  bank  and 
banking  association,  except  such  as  are  in  liquidation,  shall  be 
ascertained  and  fixed  by  adding  together  the  amount  of  the  capital 
stock,  surplus  and  undivided  profits  of  such  bank  or  banking  asso- 
ciation and  by  dividing  the  result  by  the  number  of  outstanding 
shares  of  such  bank  or  banking  association.  The  value  of  each 
share  of  stock  in  each  bank  or  banking  association  in  liquidation 
shall  be  ascertained  and  fixed  by  dividing  the  actual  assets  of 
such  bank  or  banking  association  by  the  number  of  outstanding 
shares  of  such  bank  or  -banking  association.  The  rate  of  tax 
upon  the  shares  of  stock  of  banks  and  banking  associations  shall 
be  one  per  centum  upon  the  value  thereof,  as  ascertained  and 
fixed  in  the  manner  hereinbefore  provided,  and  the  owners  of 


266  :s^EW  YOKK  state  education  department 

the  stock  of  banks  and  banking  associations  shall  be  entitled  to 
no  deduction  from  the  taxable  value  of  their  shares  because  of  the 
personal  indebtedness  of  such  owners,  or  for  any  other  reason 
whatsoever.       Complaints  in  relation  to  the  assessments  of  the 
shares  of  stock  of  banks  and  banking  associations  made  under 
the  provisions  of  this  article  shall  be  heard  and  determined  as 
provided  in  section  thirty-seven  of  this  chapter.     The  said  tax 
shall  be  in  lieu  of  all  other  taxes  whatsoever  for  state,  county 
or  local  purposes  upon  the  said  shares  of  stock,  and  mortgages, 
judgments  and  other  choses  in  action  and  personal  property  held 
or  owned  by  banks  or  banking  associations  the  value  of  which 
enters  into  the  value  of  said  shares  of  stock  shall  also  be  exempt 
from  all  other  state,  county  or  local  taxation.     The  tax  herein 
imposed  shall  be  levied  in  the  following  manner:  The  board  of 
supervisors  of  the  several  counties  shall,  on  or  before  the  fifteenth 
day  of  December  in  each  year,  ascertain  from  an  inspection  of 
the  assessment-rolls  in  their  respective  counties,  the  number  of 
shares  of  stock  of  banks  and  banking  associations  in  each  town, 
city,  village,  school  and  other  tax  district,  in  their  several  counties, 
respectively,  in  which  such  shares  of  stock  are  taxable,  the  names 
of  the  banks  issuing  the  same,  respectively,  and  the  assessed  value 
of  such  shares,   as  ascertained  in  the  manner  provided  in  this 
article  and  entered  upon  the  said  assessment-rolls,  and  shall  forth- 
with mail  to  the  president  or  cashier  of  each  of  said  banks  or 
banking  associations  a  statement  setting  forth  the  amount  of  its 
capital  stock,  surplus  and  undivided  profits,  the  number  of  out- 
standing shares  thereof,  the  value  of  each  share  of  stock  taxable 
in  said  county,  as  ascertained  in  the  manner  herein  provided,  and 
the  aggregate  amount  of  tax  to  be  collected  and  paid  by  such 
bank  and  banking  association,  under  the  provisions  of  this  article. 
A  certified  copy  of  each  of  said  statements  shall  be  sent  to  the 
county  treasurer.     It  shall  be  the  duty  of  every  bank  or  banking 
association  to  collect  the  tax  due  upon  its  shares  of  stock  from  the 
several  owners  of  such  shares,  and  to  pay  the  same  to  the  treas- 
urer of  the  county  wherein  said  bank  or  banking  association  is 
located,  and  in  the  city  of  New  York  to  the  receiver  of  taxes 
thereof  on  or  before  the  thirty-first  day  of  December  in  said  year ; 
and  any  bank  or  banking  association  failing  to  pay  the  said  tax 
as  herein  provided  shall  be  liable  by  way  of  penalty  for  the  gross 
amount  of  the  taxes  due  from  all  the  owners  of  the  shares  of 
stock,  and  for  an  additional  amount  of  one  hundred  dollars  for 
every  day  of  delay  in  the  payment  of  said  tax.     Every  bank  or 


OTHER    LAWS    RELATING    TO    SCHOOLS  267 

banking  association  so  paying  the  taxes  due  npon  tlie  shares  of  its 
stock  shall  have  a  lien  on  the  shares  of  stock,  and  on  all  property 
of  the  several  share  owners  in  its  hands,  or  which  may  at  any 
time  come  into  its  hands,  for  reimbursement  of  the  taxes  so  paid 
on  account  of  the  several  share  holders,  with  legal  interest;  and 
such  lien  may  be  enforced  in  any  appropriate  manner.     The  tax 
hereby  imposed  shall  be  distributed  in  the  following  manner :  The 
board  of  supervisors  of  the  several  counties  shall  ascertain  tbe  tax 
rate  of  each  of  the  several  town,  city,  village,  school  and  other  tax 
districts  in  their  counties,  respectively,  in  which  the  shares  of 
stock  of  banks  and  banking  associations  shall  be  taxable,  which  tax 
rates  shall  include  the  proportion  of  state  and  county  taxes  levied 
in  such  districts,  respectively,  for  the  year  for  which  the  tax  is 
imposed,  and  the  proportion  of  the  tax  on  bank  stock  to  which  each 
of  said  districts  shall  be  respectively  entitled  shall  be  ascertained 
by  taking  such  proportion  of  the  tax  upon  the  shares  of  stock 
of  banks  and  banking  associations,  taxable  in  such  districts,  re- 
spectively, under  the  provisions  of  this  chapter  as  the  tax  rate 
of  such  tax  district  shall  bear  to  the  aggregate  tax  rates  of  all  the 
tax  districts  in  which  said  shares  of  stock  shall  be  taxable.     The 
clerks  of  the  several  cities,  villages  and  school  districts  to  which 
any  portion  of  the  tax  on  shares  of  stock  of  banks  and  banking 
associations  is  to  be  distributed  under  this  section  shall,  in  writ- 
ing and  under  oath,  annually  report  to  the  board  of  supervisors 
of  their  respective  counties,  during  the  first  week  of  the  annual 
session  of  such  board,  the  tax  rate  of  such  city,  village  and  school 
district  for  the  year  prior  to  the  meeting  of  each  such  board. 
The  said  board  of  supervisors  shall  issue  their  warrant  or  order 
to  the  county  treasurer  on  or  before  tbe  fifteenth  day  of  Decem- 
ber in  each  year,  setting  forth  the  number  of  shares  of  bank  stock 
taxable  in  each  town,  city,  village,  school  and  other  tax  district 
in  said  county,  in  which  said  shares  of  stock  shall  be  taxable,  the 
tax  rate  of  each  of  said  tax  districts  for  said  year,  the  proportion 
of  the  tax  imposed  by  this  chapter  to  which  each  of  said  tax  dis- 
tricts is  entitled,  under  the  provisions  hereof,  and  commanding 
him  to  collect  same,  and  to  pay  to  the  proper  officer  in  each  of 
such  districts  the  proportion  of  such  tax  to  which  it  is  entitled 
under  the  provisions  of  this  chapter.     The  said  county  treasurer 
shall  have  the  same  powers  to  enforce  the  collection  and  payment 
of  said  tax  as  are  possessed  by  the  officers  now  charged  by  law 
with  the  collection  of  taxes,  and  the  said  county  treasurer  shall 
be  entitled  to  a  commission  of  one  per  centum  for  collecting  and 


268  :sEW  YOEK  state  education  department 

paying  out  said  moneys,  which  commission  shall  be  deducted  from 
the  gross  amount  of  said  tax  before  the  same  is  distributed.  In 
issuing  their  warrants  to  the  collectors  of  taxes,  the  board  of 
supervisors  shall  omit  therefrom  assessments  of  and  taxes  upon 
the  shares  of  stock  of  banks  and  banking  associations.  Provided, 
that,  in  the  city  of  New  York  the  statement  of  the  bank  assess- 
ment and  tax  herein  provided  for  shall  be  made  by  the  board  of 
tax  commissioners  of  said  city,  on  or  before  the  fifteenth  day  of 
December  in  each  year,  and  by  them  forthwith  mailed  to  the 
respective  banks  iand  banking  associations  located  in  said  city, 
and  a  certified  copy  thereof  sent  to  the  receiver  of  taxes  of  said 
city.  The  tax  shall  be  paid  by  the  respective  banks  in  said  city 
to  the  said  receiver  of  taxes  on  or  before  the  thirty-first  day  of 
December  in  said  year,  and  said  tax  shall  be  collected  by  the  said 
receiver  of  taxes  and  shall  be  by  him  paid  into  the  treasury  of 
said  city  to  the  credit  of  the  general  fund  thereof.  This  section 
is  not  to  be  construed  as  an  exemption  of  the  real  estate  of  banks 
or  banking  associations  from  taxation.  "No  shares  of  stock  of  such 
banks  and  banking  associations,  by  whomsoever  held,  shall  be 
exempt  from  the  tax  hereby  imposed. 

§  25.  Individual  banker,  hoiv  assessed.  Every  indi- 
vidual banker  doing  business  under  the  laws  of  this  state  must 
report  before  the  fifteenth  day  of  June  under  oath  to  the  assessors 
of  the  tax  district  in  which  any  of  the  capital  invested  in  such 
banking  business  is  taxable,  the  amount  of  capital  invested  in 
such  banking  business  in  such  tax  district  on  the  first  day  of 
June  preceding.  'Such  capital  shall  be  assessed  as  personal  prop- 
erty to  the  banker  in  whose  name  such  business  is  carried  on. 

§  26.  Notice  of  assessment  to  bank  or  banking  as- 
sociation. The  assessors  of  every  tax  district  shall,  within  ten 
days  after  they  have  completed  the  assessment  of  the  stock  of  a 
bank  or  banking  association,  give  written  notice  to  such  bank  or 
banking  association  of  such  assessment  of  the  shares  of  its  re- 
spective shareholders  and  no  personal  or  other  notice  to  such  share- 
holders of  such  assessment  is  required. 

4.  Collection  of  Taxes 

Tax  Law,  art.  4. 

§  72.  Collection  of  taxes  assessed  against  stocks  in 
banks  and  banking  associations.     Every  bank  or  banking 


OTHER  LAWS  RELATING  TO  SCHOOLS  269 

association  shall  retain  any  dividend  until  the  delivery  to  the 
collector  of  the  tax-roll  and  warrant  of  the  current  year,  and 
within  ten  days  after  such  delivery  shall  pay  to  such  collector  so 
much  of  such  dividend  as  may  be  necessary  to  pay  any  unpaid 
taxes  assessed  on  the  stock  upon  which  such  dividend  is  declared. 
In  case  the  owner  of  such  stock  resides  in  a  place  other  than  where 
the  bank  or  banking  association  is  located,  the  same  power  may 
be  exercised  in  collecting  the  tax  so  assessed  as  is  given  in  caso  a 
person  has  removed  from  a  tax;  district  in  which  the  assessment 
was  made.  The  tax  so  assessed  shall  be  and  remain  a  lien  on  the 
shares  of  stock  against  which  it  is  assessed  till  the  payment  of 
such  tax,  and  if  the  stock  is  transferred  it  shall  be  subject  to  such 
lien.  The  collector  or  county  treasurer  may  foreclose  such  lien  in 
any  court  of  record,  and  collect  from  the  avails  of  the  sale  of  the 
stock  the  tax  assessed  against  the  same.  In  addition  thereto,  the 
same  remedy  may  be  had  for  the  collection  of  the  tax  on  such 
shares  as  is  now  provided  by  law  for  enforcing  payment  of  per- 
sonal tax  against  residents. 

§  94.  Receipt  for  taxes.  Every  collector  of  taxes  shall 
deliver  a  receipt  wholly  written  with  ink  or  partly  printed  and 
filled  out  with  ink  to  each  person  paying  a  tax,  specifying  the  date 
of  such  payment,  the  name  of  such  person,  the  description  of  the 
property  as  shown  on  the  assessment-roll,  the  namie  of  the  person 
to  whom  the  same  is  assessed,  the  amount  of  such  tax,  and  the 
date  of  the  delivery  to  him  of  the  assessment-roll  on  account  of 
which  such  tax  was  paid.  For  the  purpose  of  giving  such  receipt^ 
each  collector  shall  have  a  book  of  blank  receipts,  so  arranged  that 
when  a  receipt  is  torn  therefrom  a  corresponding  stub  will  remain. 
The  State  Board  of  Tax  Commissioners  shall  prescribe  the  form 
of  such  receipts,  stubs  and  books  and  they  shall  be  furnished  to 
the  town  collector  by  the  board  of  supervisors,  at  the  expense  of 
the  county.;  to  the  city  collector  by  the  common  council,  at  the 
expense  of  the  city ;  to  the  village  oollector  by  the  village  trustees 
■at  the  expense  of  the  village ;  to  the  school  collector  by  the  trustee, 
or  trustees  at  the  expense  of  the  school  district.  At  the  time  of  giv- 
ing such  a  receipt  the  collector  shall  make  the  same  entries  on  the 
corresponding  stub  as  are  required  to  be  made  on  the  receipt. 
Such  book  shall  be  subject  to  public  inspection  and  shall  be  filed 
by  the  collector  with  his  return,  together  with  the  assessment-roll 
in  the  office  of  the  county  treasurer,  or  such  officer  or  board  to 
which  such  collector  makes  his  return.  [Amefided  hy  L.  1911, 
cJi.  579.] 


270  NEW  YORK  STATE  EDUCATION  DEPAKTMENT 


5.  Apportioning*  Valuation  of  Railroads, 
Teleg'rapli,  Teleplione  and  Pipe  Line 
Companies    betiveen    School    Districts 

Tax  Law  J  art,  2 

§  40.  Assessors  to  apportion  valuation  of  railroad, 
telegraph,  telephone  or  pipe  line  companies  among 
school  districts.  The  assessors  of  each  town  in  which  a  rail- 
road, telegraph,  telephone  or  pipe  line  company  is  assessed  upon 
property  lying  in  more  than  one  school  district  therein,  shall, 
within  fifteen  days  after  the  final  completion  of  the  roll,  apportion 
the  assessed  valuation  of  the  property  of  each  of  such  corpora- 
tions among  such  school  districts.  Such  apportionment  shall  be 
signed  by  the  assessors  or  a  majority  of  them,  and  be  filed  with  the 
town  clerk  within  five  days  thereafter,  and  thereupon  the  valuation 
so  fixed  shall  become  the  valuation  of  such  property  in  such  school 
district  for  the  purpose  of  taxation.  In  case  of  failure  of  the  as- 
sessors to  act,  the  supervisor  of  the  town  shall  make  such  appor- 
tionment on  request  of  either  the  trustees  of  any  school  district  or 
of  the  corporation  assessed.  The  town  clerk  shall  furnish  the 
trustees  a  certified  statement  of  the  valuations  apportioned  to  their 
respective  districts.  In  case  of  any  alteration  in  any  school  dis- 
trict affecting  the  valuation  of  such  property,  the  ofiioer  making 
the  same  shall  fix  and  determine  the  valuations  in  the  districts 
affected  for  the  current  year. 

6.  Taxation  in  St.  Laivrence  County 

L.  1902,  ch,  502 

An  act  to  provide  for  a  uniform  tax  in  the  several  towns  of  the  county  of 
St.  Lawrence  for  the  maintenance  of  common  schools,  and  for  the  levy, 
collection,  custody  and  disbursement  thereof. 

The  people  of  the  State  of  New  York,  represented  in  Senwte 
and  Assembly,  do  enact  as  follows: 

§  1.  At  any  biennial  town  meeting  held  after  the  passage  of  this 
act,  in  the  several  towns  of  the  county  of  St.  Lawrence,  there  may 
be  submitted  to  the  electors  thereof,  upon  the  written  request  of 
not  less  than  twenty-five  taxpayers  entitled  to  vote  thereon,  such 
request  having  been  filed  with  the  town  clerk  at  least  thirty  days 
before  such  biennial  town  meeting,  the  question,  "  shall  a  uniform 


OTHER  LAWS  RELATING  TO  SCHOOLS  271 

system  of  taxation  for  the  maintenance  of  the  common  schools  be 
adopted  in  the  town  of  ...  '^  If  a  majority  of  the  ballots  cast 
shall  be  in  the  affirmative,  further  proceedings  under  this  act 
shall  be  taken  as  hereinafter  provided. 

§  2.  On  or  before  the  day  of  the  meeting  of  the  town  board  for 
the  audit  of  town  accounts  in  each  year,  following  the  adoption 
of  this  act,  by  any  town  in  the  county  of  'St.  Lawrence,  the  trustee 
or  trustees  of  the  several  common  school  districts  in  such  town 
shall  file  with  the  town  clerk,  a  statement  of  the  sum  of  money 
necessary  to  maintain  the  common  school  in  said  common  school 
district  in  the  following  form: 

I  (or  we),  the  undersigned  trustee  (or  trustees)  of  school  dis- 
trict number ,  of  the  town  of ,  state  of  E'ew 

York,  do  hereby  certify  that  the  following  sums  are  required  for 

the  maintenance  of  district  school  number ,  of  the  town 

of .  .,  state  of  IsTew  York,  for  the  fiscal  year  begin- 
ning September  first,  and  ending  June  thirtieth, 

For  salary  for  teachers $ 

For  library  funds 

For  repairs  to  school  buildings 

For  miscellaneous  expenses 


Total $ 

§  3.  It  shall  be  the  duty  of  the  town  clerk  to  deliver  said  certifi- 
cates of  the  trustee  or  trustees  of  the  several  common  school  dis- 
tricts, to  the  town  board  of  each  town  adopting  this  system  on  the 
day  of  the  meeting  of  the  town  board  for  the  audit  of  town  ac- 
counts in  each  year,  and  the  said  town  board  shall  include  the 
gross  sum  called  for  by  the  several  said  certificates  or  so  much 
thereof  as  may  be  necessary,  in  their  annual  town  schedule  of 
expenses,  to  be  certified  to  the  board  of  supervisors  in  the  county 
in  which  the  said  town  is  situated  in  the  same  manner  as  other 
town  expenses,  and  the  said  board  of  supervisors  shall  levy  such 
amount  in  the  next  succeeding  tax  levy  of  the  town,  in  the  same 
manner  as  other  town  taxes  are  collected.  The  amounts  thus 
collected  in  each  town  shall  be  paid  by  the  town  collector  to  the 
supervisor  of  the  town  and  by  him  paid  out  on  the  order  of  the 
trustee  or  trustees  of  the  several  common  school  districts  to  the 
amount  to  which  each  district  is  entitled,  in  the  same  manner  as 
the  public  school  funds  are  now  disbursed.  The  collector  shall  be 
paid  the  same  rate  per  centum  for  collection  as  is  now  allowed 


272  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

by  law  for  the  collection  of  moneys,  and  for  the  same  powers  and 
to  be  subject  to  the  same  liabilities.  The  collector  or  supervisor 
shall  give  bonds  to  the  amount  now  required  by  law  in  the  col- 
lection, custody  and  disbursement  of  town  funds. 

§  4.  It  shall  be  the  duty  of  the  town  clerk  to  furnish  the  trustee 
or  trustees  of  each  common  school  district  the  forms  in  blank  pro- 
vided for  in  section  two  of  this  act.  The  cost  thereof  shall  be  a 
town  charge. 

§  5.  Any  school  district  lying  partly  in  the  town  which  had 
adopted  the  system  of  taxation  provided  by  this  act,  and  partly 
in  a  town  not  having  adopted  said  system,  shall,  for  the  purpose 
of  this  act,  be  considered  as  lying  wholly  in  the  town  not  having 
adopted  said  system,  and  shall  so  continue  until  such  time  as 
both  towns  have  adopted  said  system  of  taxation.  In  case  both 
tovTns  have  adopted  the  system  of  taxation  provided  by  this  act, 
then  the  trustee  or  trustees  in  such  school  district  shall  certify  to 
the  town  clerk  in  each  town  the  sum  required  for  the  maintenance 
of  such  district  school,  and  the  said  sum  shall  be  divided  between 
the  towns  in  proportion  to  the  assessed  valuation  of  property,  real 
and  personal,  in  the  different  parts  of  said  district  in  each  town, 
and  the  amount  so  divided,  shall  be  included  in  the  schedule  of 
tovni  expenses  in  each  town  in  the  same  manner  as  heretofore 
provided  in  this  act. 

§  6.  Under  the  provisions  of  this  act  town  boards  shall  have 
the  power  by  resolution  with  the  consent  in  writing  of  the  school 
commissioner  of  the  district  in  which  such  town  is  situated,  to 
annul  or  consolidate  common  school  districts,  and  to  provide  for 
the  transportation  and  maintenance  of  pupils  in  any  common 
school  district  in  such  town. 

§  1,  It  shall  be  the  duty  of  the  supervisor  to  keep  a  separate 
account  with  each  common  school  district,  in  any  town  adopting 
this  act,  in  said  town.  He  shall  not  pay  for  the  account  of  any 
common  school  district,  upon  the  order  of  the  trustee  or  trustees, 
as  provided  in  this  act,  a  larger^  sum  of  money  than  the  sum  of 
money  approved  by  the  town  board  of  said  district,  and  levied  and 
collected  under  the  provisions  of  this  act. 

§  8.  Whenever  any  town  shall  have  adopted  the  system  of  taxa- 
tion for  the  maintenance  of  common  schools  provided  for  in  this 
act,  the  board  of  education  of  any  union  free  school  therein,  main- 
taining a  department  for  secondary  education,  shall  receive  into 
such  academic  department,  pupils  sufficiently  advanced  to  enter 


OTHER    LAWS    RELATING    TO    SCHOOLS  273 

therein^  without  the  payment  of  any  tuition  therefor.  And  such 
boards  of  education  in  such  union  free  school  districts  are  hereby 
empowered  to  establish  the  grades  and  prescribe  such  examina- 
tions as  may  be  necessary  to  carry  into  effect  the  provisions  of  this 
act,  and  such  grading  and  examination  shall  be  uniform  and 
regulate  the  admissions  thereto  of  all  pupils  residing  within  such 
township. 

§  9.  All  acts  or  parts  of  acts  which  are  inconsistent  or  in  con- 
flict with  the  provisions  of  this  act  are  hereby  repealed. 

§   10.  This  act  shall  take  effect  immediately. 

III.  VACCINATION  OF  SCHOOL  CHILDREN 

Provisions  of  Public  Health  Law  (L.  1909,  ch.  49)  relative  to 

vaccination 

§  310.  Vaccination  of  school  children.  'No  child  or 
person  not  vaccinated  shall  be  admitted  or  received  into  any  of 
the  public  schools  of  the  state,  and  the  trustees  or  other  officers 
having  the  charge,  management  or  control  of  such  schools  shall 
cause  this  provision  of  law  to  be  enforced.  They  may  adopt  a 
resolution  excluding  such  children  and  persons  not  vaccinated 
from  such  school  until  vaccinated,  and  when  any  such  resolution 
has  been  adopted,  they  shall  give  at  least  ten  days^  notice  thereof, 
by  posting  copies  of  the  same  in  at  least  two  public  and  con- 
spicuous places  within  the  limits  of  the  school  government,  and 
shall  announce  therein  that  due  provision  has  been  made,  specify- 
ing it,  for  the  vaccination  of  any  child  or  person  of  suitable  age 
desiring  to  attend  the  school,  and  whose  parents  or  guardians  are 
unable  to  procure  vaccination  for  them,  or  who  are,  by  reason  of 
poverty,  exempted  from  taxation  in  such  district. 

§  311.  Such  trustees  or  board  may  appoint  a  competent 
physician  and  fix  his  compensation,  who  shall  ascertain  the  num- 
ber of  children  or  persons  in  a  school  district,  or  in  a  subdivision 
of  a  city  school  government,  of  suitable  age  to  attend  the  common 
schools,  who  have  not  been  vaccinated  and  furnish  such  trustees 
or  board  a  list  of  their  names.  Every  such  physician  shall  provide 
himself  with  good  and  reliable  vaccine  virus  with  which  to  vac- 
cinate such  children  or  persons  as  such  trustees  or  board  shall 
direct,  and  give  certificates  of  vaccination  when  required,  which 
shall  be  evidence  that  the  child  or  person  to  whom  given  has  been 
vaccinated.     The  expenses  incurred  in  carrying  into  effect  the 


274  NEW  YORK   STxVTE   EDUCATION   DEPARTMENT 

provisions  of  this  and  the  preceding  section,  shall  be  deemed  a 
part  of  the  expense  of  maintaining  such  school,  and  shall  be  levied 
and  collected  in  the  same  manner  as  other  school  expenses.  The 
trustees  of  the  several  school  districts  of  the  state  shall  include 
in  their  annual  report  the  number  of  vaccinated  and  unvaccinated 
children  of  school  age  in  their  respective  districts. 

IV.  PUBLIC  HOLIDAYS 

Provisions  of  General  Construction  Law  (L.  1909,  ch.  27) 

§  24.  Holidays ;  half -holiday.  The  term  holiday  includes 
the  following  days  in  each  year :  the  first  day  of  January  known 
as  'New  Year's  day;  the  twelfth  day  of  February,  known  as 
Lincoln's  birthday;  the  twenty-second  day  of  February,  known 
as  Washington's  birthday;  the  thirtieth  day  of  May,  known  as 
Memorial  day;  the  fourth  day  of  July,  known  as  Independence 
day;  the  first  Monday  of  September,  known  as  Labor  day;  the 
twelfth  day  of  October,  known  as  Columbus  day,  and  the  twenty- 
fifth  day  of  December,  known  as  Christmas  day,  and  if  either 
of  such  days  is  Sunday,  the  next  day  thereafter;  each  general 
election  day  and  each  day  appointed  by  the  president  of  the 
United  States  or  by  the  governor  of  this  state  as  a  day  of  general 
thanksgiving,  general  fasting  and  prayer,  or  other  general  re- 
ligious observances.  The  term  half-holiday  includes  the  period 
from  noon  to  midnight  of  each  Saturday  which  is  not  a  holiday. 
[As  amended  hy  L,  1909,  ch.  112.] 

Greater  New  Yorh  Charter  (L.  1901,  ch,  466) 
§  1162.  Anniversary  day  as  a  holiday  in  the  pub- 
lic schools  of  the  borough  of  Brooklyn.  The  eighth 
day  of  June  in  the  year  nineteen  hundred  and  five  and  thereafter 
the  first  Thursday  in  June  in  each  year,  except  in  those  years 
when  the  first  Thursday  in  June  occurs  in  'the  same  wieek  with 
Memorial  day,  and  in  such  years  the  second  Thursday  in  June., 
known  as  Anniversary  day,  and  celebrated  in  commemoration  of 
the  organization  of  Sunday  schools,  is  hereby  made  and  declared 
to  be  a  holiday  in  all  the  public  schools  in  the  borough  of 
Brooklyn,  city  of  New  York,  and  the  board  of  education  of  such 
city  is  hereby  authorized  and  directed  to  cause  all  the  public 
schools  in  such  borough  to  be  closed  on  such  day. 


OTHER  LAWS  RELATING  TO  SCHOOLS  275 

V.  ACTIONS  BY  SCKOOL  TRUSTEES 

Provisions  of  Code  of  XJivil  Procedure 

§    1926.  Actions   by  certain  specified   officers.     An 

action  or  special  proceeding  may  be  maintained,  by  the  trustee 
or  trustees  of  a  school  district;  the  overseer  or  overseers  of  the 
poor  of  a  village,  or  city;  the  county  superintendent  or  superin- 
tendents of  the  poor;  or  the  supervisors  of  a  county,  upon  a  con- 
tract, lawfully  made  with  those  officers  or  their  predecessors,  in 
their  official  capacity;  to  enforce  a  liability  created,  or  a  duty 
enjoined,  by  law,  upon  those  officers,  or  the  body  represented  by 
them;  to  recover  a  penalty  or  a  forfeiture,  given  to  those  officers, 
or  the  body  represented  by  them;  or  to  recover  damages  for  an 
injury  to  the  property  or  rights  of  those  officers,  or  the  body 
represented  by  them;  although  the  cause  of  action  accrued  before 
the  commencement  of  their  term  of  office.  [As  amended  by  L. 
1897,  ch.  302.] 

§  1927.  An  action  or  special  proceeding  may  be  maintained 
against  any  of  the  officers  specified  in  the  last  section,  upon  any 
cause  of  action,  which  accrues  against  them,  or  has  accrued 
against  their  predecessors,  or  upon  a  contract  made  by  their 
predecessors  in  their  official  capacity,  and  within  the  scope  of 
their  authority. 

[See  also  §§  1928,  1929  and  1930.] 

Section  nineteen  hundred  and  thirty-one  provides  that  an 
execution  can  be  issued  upon  a  judgment  for  a  sum  of  money 
against  the  trustee  or  trustees  of  a  school  district,  and  such  execu- 
tion may  be  issued  against  and  be  collected  out  of  the  property  of 
such  officers,  and  the  sum  collected  must  be  allowed  to  him  on  the 
settlement  of  his  official  accounts,  except  as  otherwise  specially 
prescribed  by  law. 

Note,  By  section  404  of  the  education  law,  it  Is  provided,  "  Whenever  any  sum 
of  money  payable  by  any  person  named  in  such  tax-fist,  shall  not  be  paid  by  such 
person,  or  collected  by  such  warrant  within  the  time  therein  limited,  or  the  time 
limited  by  any  renewal  of  such  warrant ;  or  in  case  the  property  assessed  be  real 
estate  belonging  to  an  incorporated  company,  and  no  goods  or  chattels  can  be 
found  whereon  to  levy  the  .tax,  the  trustees  may  sue  for  and  recover  the  same  in 
their  name  of  oflBce." 

A.  See  subdivision  17,  section  96  of  the  education  law.  relative  to  payment  of 
judgments  obtained  in  actions  against  trustees  of  districts  for  unpaid  teachers' 
wages ;  also  sections  508  and  509  of  the  education  law,  as  to  payment  of  costs 
and  damages  in  actions  or  proceedings  brought  by  or  against  trustees  of  districts. 


276  NEW  YOKK   STATE   EDUCATION  DEPARTMENT 


VI.     PENAL     PROVISIONS     RELATING     TO 
SCHOOLS  AND  SCHOOL  OFFICERS 

Penal  Law  (L.  1909,  ch.  88) 

§  246.  Use  of  force  not  unlaixrful  in  certain  cases. 

To  use  or  attempt,  or  offer  to  use,  force  or  violence  upon  or 
toward  the  person  of  another  is  not  unlawful  in  the  following 
cases : 

4.  When  committed  by  a  parent  or  the  authorized  agent  of  any 
parent,  or  by  any  guardian,  master,  or  teacher,  in  the  exercise  of 
a  lawful  authority  to  restrain  or  correct  his  child,  ward,  appren- 
tice or  scholar,  and  the  force  or  violence  used  is  reasonable  in 
manner  and  moderate  in  degree. 

§  405.  Unlawfully  entering  building.  A  person  who, 
under  circumstances  or  in  a  manner  not  amounting  to  a  burglary, 
enters  a  building,  or  any  part  thereof,  with  intent  to  commit  a 
felony  or  a  larceny,  or  any  malicious  mischief,  is  guilty  of  a 
misdemeanor. 

§  889.  Forgery  in  third  degree.  A  person  who,  with 
intent  to  defraud  or  to  conceal  any  larceny  or  misappropriation 
by  any  person  of  any  money  or  property: 

1.  Alters,  erases,  obliterates,  or  destroys  an  account,  book  of 
accounts,  record,  or  writing,  belonging  to,  or  appertaining  to  the 
business  of,  a  corporation,  association,  public  office  or  officer, 
partnership,  or  individual;  or, 

2.  Makes  a  false  entry  in  any  such  account  or  book  of 
accounts ;    or, 

3.  Wilfully  omits  to  make  true  entry  of  any  material  particu- 
lar in  any  such  account  or  book  of  accounts,  made,  written,  or 
kept  by  him  or  under  his  direction. 

Is  guilty  of  forgery  in  the  third  degree. 

§  1470.  Disturbing  lawful  meetings.  A  person,  who, 
without  authority  of  law,  wilfully  disturbs  any  assembly  or  meet- 
ing, not  unlawful  in  its  character,  is  guilty  of  a  misdemeanor. 

§  1824.  Attempting  to  prevent  officers  from  per- 
forming duty.  A  person  who  attempts,  by  means  of  any 
threat  or  violence,  to  deter  or  prevent  an  executive  officer  from 
performing  any  duty  imposed  upon  such  officer  by  law,  is  guilty 
of  a  misdemeanor. 


OTHER    LAWS    RELATING    TO    SCHOOLS  277 

§  1825.  Resisting  officer.  A  person  who  knowingly  re- 
sists by  the  use  of  force  or  violence,  any  executive  officer,  in  the 
performance  of  his  duty,  is  guilty  of  a  misdemeanor. 

§   1836.  Officer  refusing  to  surrender  to  successor. 

A  person  who,  having  been  an  executive  or  administrative  officer, 
wrongfully  refuses  to  surrender  the  official  seal,  or  any  books  or 
papers  appertaining  to  his  office,  upon  the  demand  of  his  lawful 
successor,  is  guilty  of  a  misdemeanor. 

§  1837.  Administrative  officers.  The  various  provisions 
of  the  preceding  sections  of  this  article  which  relate  to  executive 
officers  apply  to  administrative  officers,  in  the  same  manner  as  if 
administrative  and  executive  officers  were  both  mentioned. 

§  1838.  Injury  to  records  and  misappropriation  by 
ministerial  officers.  A  sheriff,  coroner,  clerk  of  a  court,  con- 
stable or  other  ministerial  officer,  and  every  deputy  or  subordinate 
of  any  ministerial  officer,  who : 

1.  Mutilates,  destroys,  conceals,  erases,  obliterates  or  falsifies 
any  record  or  paper  appertaining  to  his  office ;  or, 

2.  Fraudulently  appropriates  to  his  own  use  or  to  the  use  of 
another  person,  or  secretes  with  intent  to  appropriate  to  such  use, 
any  money,  evidence  of  debt  or  other  property  intrusted  to  him  in 
virtue  of  his  office. 

Is  guilty  of  felony. 

§  1841.  Provision  as  to  neglect  of  duty.  A  public 
officer,  or  person  holding  a  public  trust  or  employment,  upon  whom 
any  duty  is  enjoined  by  law,  who  wilfully  neglects  to  perform  the 
duty,  is  guilty  of  a  misdemeanor.  This  and  section  eighteen  hun- 
dred and  forty  do  not  apply  to  cases  of  official  acts  or  omissions 
the  prevention  or  punishment  of  which  is  otherwise  specially  pro- 
vided by  statute. 

§  1865.  Misappropriation  and  falsification  of  ac- 
counts by  public  officers.  A  public  officer,  or  deputy,  or 
clerk  of  any  such  officer,  and  any  other  person  receiving  money 
on  behalf  of,  or  for  account  of  the  people  of  this  state,  or  of  any 
department  of  the  government  of  this  state,  or  of  any  bureau  or 
fund  created  by  law,  and  in  which  the  people  of  this  state  are 
directly  or  indirectly  interested,  or  for  or  on  account  of  any  city, 
county,  village  or  town,  who : 

1.  Appropriates  to  his  own  use,  or  to  the  use  of  any  person  not 
entitled  thereto,  without  authority  of  law,  any  money  so  received 
by  him  as  such  officer,  clerk  or  deputy,  or  otherwise ;  or. 


278  A'EW   YORK   STATE   EDUCATION   DEPARTMENT 

2.  Knowingly  keeps  any  false  account,  or  makes  any  false 
entry  or  erasure  in  any  account  of,  or  relating  to,  any  money  so 
received  by  him,  or, 

3.  Fraudulently  alters,  falsifies,  conceals,  destroys  or  obliter- 
ates any  such  account;  or, 

4.  Wilfully  omits  or  refuses  to  pay  over  to  the  people  of  this 
state  or  their  ofiScer  or  agent  authorized  by  law  to  receive  the 
same,  or  to  such  city,  village,  county  or  town,  or  the  proper  officer 
or  authority  empowered  to  demand  and  receive  the  same,  any 
money  received  by  him  as  such  officer,  when  it  is  his  duty  im- 
posed by  law  to  pay  over,  or  account  for,  the  same, 

Is  guilty  of  a  felony. 

§  1866.  Violations  of  law  by  public  officers.  An 
officer  or  other  person  mentioned  in  the  last  section  who  w^ilfuUy 
disobeys  any  provision  of  law  regulating  his  official  conduct,  in 
cases  other  than  those  specified  in  that  section  is  guilty  of  a  mis- 
demeanor, punishable  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  imprisonment  not  exceeding  two  years,  or  both. 

§  1868.  Officials  not  to  be  interested  in  sales,  leases 
or  contracts.  A  public  officer  or  school  officer  who  is  author- 
ized to  sell  or  lease  any  property,  or  tO'  make  any  contract  in  his 
official  capacity,  or  to  take  part  in  making  any  such  sale,  lease  or 
contract,  who  voluntarily  becomes  interested  individually  in  such 
sale,  lease  or  contract,  directly  or  indirectly,  except  in  cases  where 
such  sale,  lease  or  contract,  or  payment  under  the  same,  is  subject 
to  audit  or  approval  by  the  commissioner  of  eduoation,  is  guilty  of 
a  misdemeanor. 

§  1871.  School  district  trustee  not  to  draw  draft 
on  supervisor  in  certain  cases.  A  school  district  trustee 
who  issues  an  order  or  draws  a  draft  on  a  supervisor  or  collector 
for  any  money,  unless  there  is  at  the  time  sufficient  money  in  the 
hands  of  such  supervisor  or  collector  belonging  to  the  district  to 
meet  such  order  or  draft,  is  guilty  of  'a  misdemeanor. 

§  2050.  Injury  to  public  record.  A  person  who,  wil- 
fully and  unlawfully  removes,  mutilates,  destroys,  conceals,  or 
obliterates  a  record,  map,  book,  paper,  document,  or  other  thing, 
filed  or  deposited  in  a  public  office  or  with  any  public  officer  by 
authority  of  law,  is  punishable  by  imprisonment  for  not  more 
than  five  years,  or  by  a  fine  of  not  more  than  five  hundred  dollars. 
or  by  both. 

§  2321.  Making  false  statement  in  reference  to 
taxes.     A  person,  who,  in  making  any  statement,  oral  or  writ- 


OTHEK    LAWS    RELATING    TO    SCHOOLS  279 

ten,  which  is  required  or  authorized  by  law  to  be  made  as  the 
basis  of  imposing  any  tax  or  assessment,  or  of  an  application  to 
reduce  any  tax  or  assessment,  wilfully  makes,  as  to  lany  material 
matter,  any  statement  which  he  knows  to  be  false,  is  guilty  of  a 
misdemeanor. 

VII.      EMPLOYMENT      OF      CHILDREN      OF 
SCHOOL  AGE 

Provisions  of  Labor  Law  (L.  1909,  ch.  36) 

1.  Employment  in  Factories 

§  70.  Employment  of  minors.  N"o  child  under  the  age  of 
fourteen  years  shall  be  employed,  permitted  or  suffered  to  work 
in  or  in  connection  with  any  factory  in  this  state.  No  child  be- 
tween the  ages  of  fourteen  and  sixteen  years  shall  be  so  employed, 
permitted  or  suffered  to  work  unless  an  employment  certificate 
issued  as  provided  in  this  article  shall  have  been  theretofore  filed 
in  the  office  of  the  employer  at  the  place  of  employment  of  such 
child. 

§  71.  Employment  certificate  hoiv  issued.  Such  cer- 
tificate shall  be  issued  by  the  commissioner  of  health  or  the  execu- 
tive officer  of  the  board  or  department  of  health  of  the  city,  town 
or  village  where  such  child  resides,  or  is  to  be  employed,  or  by 
such  other  officer  thereof  as  may  be  designated  by  such  board,  de- 
partment or  commissioner  for  that  purpose,  upon  the  application 
of  the  parent  or  guardian  or  custodian  of  the  child  desiring  such 
employment.  Such  officer  shall  not  issue  such  certificate  until  he 
has  received,  examined,  approved  and  filed  the  following  papers 
duly  executed,  viz. :  The  school  record  of  such  child  properly  filled 
out  and  signed  as  provided  in  this  article;  also,  evidence  of  age 
showing  that  the  child  is  fourteen  years  old  or  upwards,  which 
shall  consist  of  the  evidence  thereof  provided  in  one  of  the  follow- 
ing subdivisions  of  this  section  and  which  shall  be  required  in  the 
order  herein  designated  as  follows: 

(a)  Birth  certificate:  A  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording  births,  which 
certificate  shall  be  conclusive  evidence  of  the  age  of  such  child. 

(b)  Certificate  of  graduation:  A  certificate  of  graduation  duly 
issued  to  such  child  showing  that  such  child  is  a  graduate  of  a 


280  NEW  YOKK   STATE   EDUCATIOiN^  DEPARTMENT 

public  school  of  the  state  of  Xew  York  or  elsewhere,  having  a 
course  of  not  less  than  eight  years,  or  of  a  school  in  the  state  of 
New  York  other  than  a  public  school,  having  a  substantially 
equivalent  course  of  study  of  not  less  than  eight  years'  duration, 
in  which  a  record  of  the  attendance  of  such  child  has  been  kept 
as  required  by  article  twenty  of  the  education  law,  provided  that 
the  record  of  such  school  shows  such  child  to  be  at  least  fourteen 
years  of  age. 

(c)  Passport  or  baptismal  certificate:  A  passport  or  a  duly 
attested  transcript  of  a  certificate  of  baptism  showing  the  date  of 
birth  and  place  of  baptism  of  such  child. 

(d)  Other  documentary  evidence:  In  case  it  shall  appear  to 
the  satisfaction  of  the  officer  to  whom  .application  is  made,  as 
herein  provided,  for  an  employment  certificate,  that  a  child  for 
whom  such  certificate  is  requested,  and  who  has  presented  the 
school  record,  is  in  fact  over  fourteen  years  of  age,  and  that  satis- 
factory documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preceding  sub- 
divisions of  this  section,  and  that  none  of  the  papers  mentioned 
in  said  subdivisions  can  be  produced,  then  and  not  otherwise  he 
shall  present  to  the  board  of  health  of  which  he  is  an  officer  or 
agent,  for  its  action  thereon,  a  statement  signed  by  him  showing 
such  facts,  together  with  such  affidavits  or  papers  as  may  have 
been  produced  before  him  constituting  such  evidence  of  the  age 
of  such  child,  and  the  board  of  health,  at  a  regular  meeting 
thereof,  may  then,  by  resolution,  provide  that  such  evidence  of 
age  shall  be  fully  entered  on  the  minutes  of  such  board,  and  shall 
be  received  as  sufficient  evidence  of  the  age  of  such  child  for  the 
purpose  of  this  section. 

(e)  Physicians'  certificates:  In  cities  of  the  first  class  only, 
in  case  application  for  the  issuance  of  an  employment  certificate 
shall  be  made  to  such  officer  by  a  child's  parent,  guardian  or  cus- 
todian who  alleges  his  inability  to  produce  any  of  the  evidence  of 
age  specified  in  the  preceding  subdivisions  of  this  section,  and  if 
the  child  is  apparently  at  least  fourteen  years  of  age,  such  officer 
may  receive  and  file  an  application  signed  by  the  parent,  guardian 
or  custodian  of  such  child  for  physicians'  certificates.  Such  ap- 
plication shall  contain  the  alleged  age,  place  and  date  of  birth,  and 
present  residence  of  such  child,  together  with  such  further  facts  as 
may  be  of  assistance  in  determining  the  age  of  such  child.  Such 
application  shall  be  filed  for  not  less  than  ninety  days  after  date 


OTHER    LAWS    RELATING    TO    SCHOOLS  281 

of  such  application  for  such  physicians'  certificates,  for  an  ex- 
amination  to  be  made  of  the  statements  contained  therein,  and  in 
case  no  facts  appear  within  such  period  or  by  such  examination 
tending  to  discredit  or  contradict  any  material  statement  of  such 
application,  then  and  not  otherwise  the  officer  may  direct  such 
child  to  appear  thereafter  for  physical  examination  before  two 
physicians  officially  designated  by  the  board  of  health,  and  in  case 
such  physicians  shall  certify  in  writing  that  they  have  separately 
examined  such  child  and  that  in  their  opinion  such  child  is  at  least 
fourteen  years  of  age  such  officer  shall  accept  such  certificates  as 
sufficient  proof  of  the  age  of  such  child  for  the  purposes  of  this 
section.  In  case  the  opinions  of  such  physicians  do  not  concur, 
the  child  shall  be  examined  by  a  third  physician  and  the  concur- 
ring opinions  shall  be  conclusive  for  the  purpose  of  this  section  as 
to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  subdi- 
vision (a)  in  preference  to  that  specified  in  any  subsequent  sub- 
division and  shall  not  accept  the  evidence  of  age  permitted  by  any 
subsequent  subdivision  unless  he  shall  receive  and  file  in  addition 
thereto  an  affidavit  of  the  parent  showing  that  no  evidence  of  ago 
specified  in  any  preceding  subdivision  or  subdivisions  of  this  sec- 
tion can  be  produced.  Such  affidavit  shall  contain  the  age,  place 
and  date  of  birth,  and  present  residence  of  such  child,  which  affi- 
davit must  be  taken  before  the  officer  issuing  the  employment  cer- 
tificate, who  is  hereby  authorized  and  required  to  administer  sucn 
oath  and  who  shall  not  demand  or  receive  a  fee  therefor.  Such 
employment  certificate  shall  not  be  issued  until  such  child  fur- 
ther has  personally  appeared  before  and  been  examined  by  the 
officer  issuing  the  certificate,  and  until  such  officer  shall,  after 
making  such  examination,  sign  and  file  in  his  office  a  statement 
that  the  child  »an  read  and  legibly  write  simple  sentences  in  the 
English  language  and  that  in  his  opinion  the  child  is  fourteen 
years  of  age  or  upwards  and  has  reached  the  normal  development 
of  a  child  of  its  age,  and  is  in  sound  health  and  is  physically  able 
to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases 
such  physical  fitness  shall  be  determined  by  a  medical  officer  of 
the  board  or  department  of  health.  Every  such  employment  cer- 
tificate shall  be  signed,  in  the  presence  of  the  officer  issuing  the 
same,  by  the  child  in  whose  name  it  is  issued. 

§  72.  Contents  of  certificate.  Such  certificate  shall  state 
the  date  and  place  of  birth  of  the  child,  and  describe  the  color  of 


282  NEW  YOKK   STATE   EDUCATION  DEPARTMENT 

the  hair  and  ejes,  the  height  and  weight  and  any  distinguishing 
facial  marks  of  such  child,  and  that  the  papers  required  by  the 
preceding  section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  appeared  before 
the  ofiicer  signing  the  certificate  and  been  examined. 

§  73.  School  record,  ixrhat  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by  the  prin- 
cipal or  chief  executive  officer  of  the  school  which  such  child  has 
attended  and  shall  be  furnished,  on  demand,  to  a  child  entitled 
thereto  or  to  the  board,  department  or  commissioner  of  health. 
It  shall  contain  a  statement  certifying  that  the  child  has  regularly 
attended  the  public  schools  or  schools  equivalent  thereto  or 
parochial  schools  for  not  less  than  one  hundred  and  thirty  days 
during  the  twelve  months  next  preceding  his  fourteentb  birthday, 
or  during  the  twelve  months  next  preceding  his  application  for 
such  school  record  and  is  able  to  read  and  write  simple  sentences 
in  the  English  language,  and  has  received  during  such  period 
instruction  in  reading,  spelling,  writing,  English  grammar  and 
geography  and  is  familiar  with  the  fundamental  operations  of 
arithmetic  up  to  and  including  fractions.  Such  school  record 
shall  also  give  the  date  of  birth  and  residence  of  the  child  as 
shown  on  the  records  of  the  school  and  the  name  of  its  parent 
or  guardian  or  custodian. 

§  75.  Report  of  certificates  issued.  The  board  or  depart- 
ment of  health -or  health  commissioner  of  a  city,  village  or  town, 
shall  transmit,  between  the  first  and  tenth  day  of  each  month, 
to  the  office  of  the  commissioner  of  labor  a  list  of  the  names  of 
the  children  to  whom  certificates  have  been  issued. 

§  76.  Registry  of  children  employed.  Each  person 
owning  or  operating  a  factory  and  employing  children  therein 
shall  keep  or  cause  to  be  kept  in  the  office  of  such  factory,  a 
register,  in  which  shall  be  recorded  the  name,  birthplace,  age  and 
place  of  residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in  such  office 
shall  be  produced  for  inspection  upon  the  demand  of  the  commis- 
sioner of  labor.  On  termination  of  the  employment  of  a  child 
so  registered,  and  whose  certificate  is  so  filed,  such  certificate  shall 
be  forthwith  surrendered  by  the  employer  to  the  child  or  its  parent 
or  guardian  or  custodian.  The  commissioner  of  labor  may  make 
demand  on  an  employer  in  whose  factory  a  child  apparently  under 
the  age  of  sixteen  years  is  employed  or  permitted  or  suffered  to 


OTHER    LAWS    RELATING    TO    SCHOOLS  283 

work,  and  whose  emplojmeiit  certificate  is  not  then  filed  as  re- 
quired by  this  article,  that  such  employer  shall  either  furnish  him, 
within  ten  days,  evidence  satisfactory  to  him  that  such  child  is  in 
fact  over  sixteen  years  of  age,  or  shall  cease  to  employ  or  permit 
or  suffer  such  child  to  work  in  such  factory.  The  commissioner 
of  labor  may  require  from  such  employer  the  same  evidence  of  age 
of  such  child  as  is  required  on  the  issuance  of  an  employment 
certificate;  and  the  employer  furnishing  such  evidence  shall  not 
be  required  to  furnish  any  further  evidence  of  the  age  of  the  child. 
A  notice  embodying  such  demand  may  be  served  on  such  employer 
personally  or  may  be  sent  by  mail  addressed  to  him  at  said  factory, 
and  if  served  by  post  shall  be  deemed  to  have  been  served  at  the 
time  when  the  letter  containing  the  same  would  be  delivered  in 
the  ordinary  course  of  the  post.  When  the  employer  is  a  corpora- 
tion such  notice  may  be  served  either  personally  upon  an  officer 
of  such  corporation,  or  by  sending  it  by  post  addressed  to  the 
office  or  the  principal  place  of  business  of  such  corporation.  The 
papers  constituting  such  evidence  of  age  furnished  by  the  em- 
ployer in  response  to  such  demand  shall  be  filed  with  the  commis- 
sioner of  labor  and  a  material  false  statement  made  in  any  such 
paper  or  affidavit  by  any  person  shall  be  a  misdemeanor.  In 
case  such  employer  shall  fail  to  produce  and  deliver  to  the  com- 
missioner of  labor  within  ten  days  after  such  demand  such  evi- 
dence of  age  herein  required  by  him,  and  shall  thereafter  con- 
tinue to  employ  such  child  or  permit  or  suffer  such  child  to  work 
in  such  factory,  proof  of  the  giving  of  such  notice  and  of  such 
failure  to  produce  and  file  such  evidence  shall  be  prima  facie 
evidence  in  any  prosecution  brought  for  a  violation  of  this  article 
that  such  child  is  under  sixteen  years  of  age  and  is  unlawfully 
employed. 

2.    Employment    in    Mercantile     Establish- 
ments 

§  160.  Application  of  article.  The  provisions  of  this 
article  shall  apply  to  all  villages  and  cities  which  at  the  last 
preceding  state  enumeration  had  a  population  of  three  thousand 
or  more. 

§  161.  Hours  of  labor  of  minors.  ISFo  child  under  the 
age  of  sixteen  years  shall  be  employed,  permitted  or  suffered  to 
work  in  or  in  connection  with  any  mercantile  establishment,  busi- 


284  NEW  YOEK  STATE  EDUCATION  DEPARTMENT 

ness  officGj  or  telegraph  office,  restaurant,  hotel,  apartment-house,, 
theatre  or  other  place  of  amusement,  bowling  alley,  barber  shop, 
shoe-polishing  establishment,  or  in  the  distribution  or  transmission 
of  merchandise  or  messages,  more  than  six  days  or  fifty-four  hours 
in  any  one  week,  or  more  than  nine  hours  in  any  one  day,  or  before 
seven  o'clock  in  the  morning  or  after  ten  o'clock  in  the  evening  of 
any  day.  The  foregoing  provision  shall  not  apply  to  any  employ- 
ment prohibited  or  regulated  by  section  four  hundred  and  eighty- 
five  of  the  Penal  Law.  But  in  cities  of  the  first  class  no  child 
under  the  age  of  sixteen  years  shall  be  employed,  permitted  or 
suffered  to  work  in  or  in  connection  with  any  such  establishment 
after  seven  o'clock  in  the  evening  of  any  day.  'No  female  employee 
between  sixteen  and  twenty-one  years  of  age  shall  be  required,  per- 
mitted or  suffered  to  work  in  or  in  connection  with  any  mercantile 
establishment  more  than  sixty  hours  in  any  one  week ;  or  more 
than  ten  hours  in  any  one  day,  unless  for  the  purpose  of  making  a 
shorter  work  day  of  some  one  day  of  the  week;  or  before  seven 
o'clock  in  the  morning  or  after  ten  o'clock  in  the  evening  of  any 
day.  This  section  does  not  apply  to  the  employment  of  persons 
sixteen  years  of  age  or  upward  on  Saturday,  provided  the  total 
number  of  hours  of  labor  in  a  week  of  any  such  person  does  not 
exceed  sixty  hours,  nor  to  the  employment  of  such  persons  between 
the  fifteenth  day  of  December  and  the  following  first  day  of  Janu- 
ary. E'ot  less  than  forty-five  minutes  shall  be  allowed  for  the 
noonday  meal  of  the  employees  of  any  such  establishment. 
[Amended  by  L.  1911,  ch.  86G,  m  effect  Octoher  1,  1911.] 

§  161-a.  Hours  of  labor  of  messengers.  In  cities  of 
the  first  or  second  class  no  person  under  the  age  of  twenty-one 
years  shall  be  employed  or  permitted  to  work  as  a  messenger  for 
a  telegraph  or  messenger  company  in  the  distribution,  transmis- 
sion or  delivery  of  goods  or  messages  before  five  o'clock  in  the 
morning  or  after  ten  o'clock  in  the  evening  of  any  day.  \^ Added 
by  L.  1910,  cli.  342.] 

§  162.  Employment  of  children.  Ko  child  under  the 
age  of  fourteen  years  shall  be  employed  or  permitted  to  work  in 
or  in  connection  with  any  mercantile  or  other  business  or  estab- 
lishment specified  in  the  preceding  section.  No  child  under  the 
age  of  sixteen  years  shall  be  so  employed  or  permitted  to  work 
unless  an  employment  certificate,  issued  as  provided  in  this 
article,  shall  have  been  theretofore  filed  in  the  office  of  the  em- 


OTHER    LAWS    RELATING    TO    SCHOOLS  285 

ployer  at  the  place  of  employment  of  such  child.  [As  amended 
by  L,  1909,  ch.  293,  and  L.  1911,  ch.  866,  in  effect  October  1, 
1911.] 

§  163.  Employment  certificate;  liow  issued.  Sur^^i 
certificate  shall  be  issued  by  the  commissioner  of  health  or  the 
executive  officer  of  the  board  or  department  of  health  of  the  city, 
town  or  village  where  such  child  resides  or  is  to  be  employed,  or 
by  such  officer  therof  as  may  be  designated  by  such  board,  depart- 
ment or  commissioner  for  that  purpose,  upon  the  application  of 
the  parent,  guardian  or  custodian  of  the  child  desiring  such  em- 
ployment. Such  officer  shall  not  issue  such  certificate  until  he 
has  received,  examined,  approved  and  filed  the  following  papers 
duly  executed,  viz. :  The  school  record  of  such  child  properly 
filled  out  and  signed  as  provided  in  this  article;  also,  evidence  of 
age  showing  that  the  child  is  fourteen  years  old  or  upwards,  which 
shall  consist  of  the  evidence  thereof  provided  in  one  of  the  follow- 
ing subdivisions  of  this  section  and  which  shall  be  required  in  the 
order  herein  designated  as  follows : 

(a)  Birth  certificate. — A  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officers  charged  with  the  duty  of  recording  births  which 
certificate  shall  be  conclusive  evidence  of  the  age  of  such  child. 

(b)  Certificate  of  graduation. — A  certificate  of  graduation  duly 
issued  to  such  child  showing  that  such  child  is  a  graduate  of  a 
public  school  of  the  state  of  New  York  or  elsewhere,  having  a 
course  of  not  less  than  eight  years,  or  of  a  school  in  the  state  of 
]^ew  York  other  than  a  public  school,  having  a  substantially  equiv- 
alent course  of  study  of  not  less  than  eight  years'  duration,  in 
which  a  record  of  the  attendance  of  such  child  has  been  kept  as 
required  by  article  twenty  of  the  education  law,  provided  that  the 
record  of  such  school  shows  such  child  to  be  at  least  fourteen  years 
of  age. 

(c)  Passport  or'  haptismal  certificate. — A  passport  or  a  duly 
attested  transcript  of  a  certificate  of  baptism  showing  the  date  of 
birth  and  place  of  baptism  of  such  child. 

(d)  Other  documentary  evidence. —  In  case  it  shall  appear  to 
the  satisfaction  of  the  officer  to  whom  application  is  made,  as 
herein  provided,  for  an  employment  certificate,  that  a  child  for 
whom  such  certificate  is  requested  and  who  has  presented  the 
school  record,  is  in  fact  over  fourteen  years  of  age,  and  that  satis- 
factory documentary  evidence  of  age  can  be  produced,  which  does 


286  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

not  fall  within  any  of  the  provisions  of  the  preceding  subdivisions 
of  this  section,  and  that  none  of  the  papers  mentioned  in  said  sub- 
divisions can  be  produced,  then  and  not  otherwise  he  shall  present 
to  the  board  of  health  of  which  he  is  an  officer  or  agent,  for  its 
action  thereon,  a  statement  signed  by  him  showing  such  facts 
together  with  such  affidavits  or  papers  as  may  have  been  produced 
before  him  constituting  such  evidence  of  the  age  of  such  child, 
and  the  board  of  health,  at  a  regular  meeting  thereof,  may  then, 
by  resolution,  provide  that  such  evidence  of  age  shall  be  fully 
entered  on  the  minutes  of  such  board,  and  shall  be  received  as 
sufficient  evidence  of  the  age  of  such  child  for  the  purpose  of  this 
section. 

(e)  Physicians^  certificates. —  In  cities  of  the  first  class  only, 
in  case  application  for  the  issuance  of  an  employment  certificate 
shall  be  made  to  such  officer  by  a  child's  parent,  guardian  or 
custodian  who  alleges  his  inability  to  produce  any  of  the  evidence 
of  age  specified  in  the  preceding  subdivisions  of  this  section,  and 
if  the  child  is  apparently  at  least  fourteen  years  of  age,  such 
officer  may  receive  and  file  an  application  signed  by  the  parent, 
guardian  or  custodian  of  such  child  for  physicians'  'certificates. 
Such  application  shall  contain  the  alleged  age,  place  and  date  of 
birth,  and  present  residence  of  such  child,  together  with  such 
further  facts  as  may  be  of  assistance  in  determining  the  age  of 
such  child.  'Such  application  shall  be  filed  for  not  less  than 
ninety  days  after  date  of  such  application  for  such  physicians' 
certificates,  for  an  examination  to  be  made  of  the  statements  con- 
tained therein,  and  in  case  no  facts  appear  within  such  period  or 
by  such  examination  tending  to  discredit  or  contradict  any  ma- 
terial statement  of  such  application,  then  and  not  otherwise  the 
officer  may  direct  such  child  to  appear  thereafter  for  physical  ex- 
amination before  two  physicians  officially  designated  by  the  board 
of  health,  and  in  case  such  physicians  shall  certify  in  writing  that 
they  have  separately  examined  such  child  and  that  in  their  opinion 
such  child  is  at  least  fourteen  years  of  age  such  officer  shall  accept 
such  certificates  as  sufficient  proof  of  the  age  of  such  child  for  the 
purposes  of  this  section.  In  case  the  opinions  of  such  physi- 
cians do  not  concur,  the  child  shall  be  examined  by  a  third  physi- 
cian and  the  concurring  opinions  shall  be  conclusive  for  the  pur- 
pose of  this  section  as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  subdi- 
vision (a)  in  preference  to  that  specified  in  any  subsequent  subdi- 


OTHEK    LAWS    RELATING    TO    SCHOOLS  287 

vision  and  shall  not  accept  the  evidence  of  age  permitted  by  any 
subsequent  subdivision  unless  he  shall  receive  and  file  in  addition 
thereto  an  affidavit  of  the  parent  showing  that  no  evidence  of  age 
specified  in  any  preceding  subdivision  or  subdivisions  of  this  sec- 
tion can  be  produced.  Such  affidavit  shall  contain  the  age,  place 
and  date  of  birth,  and  present  residence  of  such  child,  which  affi- 
davit must  be  taken  before  the  officer  issuing  the  employment 
certificate,  who  is  hereby  authorized  and  required  to  administer 
such  oath  and  who  shall  not  demand  or  receive  a  fee  therefor.  Such 
employment  certificate  shall  not  be  issued  until  such  child  shall 
further  have  personally  appeared  before  and  been  examined  by  the 
officer  issuing  the  certificate,  and  until  such  officer  shall,  after 
making  such  examination,  sign  and  file  in  his  office  a  statement 
that  the  child  can  read  and  legibly  write  simple  sentences  in  the 
English  language  and  that  in  his  opinion  the  child  is  fourteen 
years  of  age  or  upwards  and  has  reached  the  normal  development 
of  a  child  of  its  age,  and  is  in  sound  health  and  is  physically  able 
to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases 
such  physical  fitness  shall  be  determined  by  a  medical  officer  of  the 
board  or  department  of  health.  Every  such  employment  certifi- 
cate shall  be  signed  in  the  presence  of  the  officer  issuing  the  same, 
•by  the  child  in  whose  name  it  is  issued. 

§  164.  Contents  of  certificate.  Such  certificate  shall 
state  the  dat«  and  place  of  birth  of  the  child,  and  describe  the 
color  of  hair  and  eyes  and  the  height  and  weight  and  any  dis- 
tinguishing facial  marks  of  such  child,  and  that  the  papers  re- 
quired by  the  preceding  section  have  been  duly  examined,  ap- 
proved and  filed  and  that  the  child  named  in  such  certificate 
has  appeared  before  the  officer  signing  the  certificate  and  been 
examined. 

§  165.  School  record,  ixrliat  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by  the  principal 
or  chief  executive  officer  of  the  school  which  such  child  has 
attended  and  shall  be  furnished  on  demand  to  a  child  entitled 
thereto  or  to  the  'board,  department  or  commissioner  of  health. 
It  shall  contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent  thereto  or 
parochial  schools  for  not  less  than  one  hundred  and  thirty  days 
during  the  twelve  months  next  preceding  his  fourteenth  birthday, 
or  during  the  twelve  months  next  preceding  his  application  for 
such  school  record,  and  is  able  to  read  and  write  simple  sentences 


388  NEW  YORK  STATE   EDUCATION  DEPARTMENT 

in  the  English  language,  has  received  during  such  period  in- 
struction in  reading,  spelling,  writing,  English  grammar  and 
geography  and  is  familiar  with  the  fundamental  operations  of 
arithmetic  up  to  and  including  fractions.  Such  school  record 
shall  also  give  the  date  of  birth  and  residence  of  the  child  as 
shown  on  the  records  of  the  school  and  the  name  of  its  parents  or 
guardian  or  custodian. 

§  166.  Sunmier  vacation  certificate.      [Repealed  by  L. 
1911,  ch.  866,  in  effect  October  1,  1911.] 

§  167.  Registry  of  children  employed.  The  owner, 
manager  or  agent  of  a  mercantile  or  other  establishment  specified 
in  section  one  hundred  and  sixty-one,  employing  children,  shall 
keep  or  cause  to  be  kept,  in  the  office  of  such  establishment,  a 
register,  in  which  shall  be  recorded  the  name,  birthplace,  age  and 
place  of  residence  of  all  children  so  employed  under  the  age  of 
;sixteen  years.  Such  register  and  the  certificate  filed  in  such  office 
shall  be  produced  for  inspection,  upon  the  demand  of  an  officer 
of  the  board,  department  or  commissioner  of  health  of  the  town, 
village  or  city  where  such  establishment  is  situated,  or  if  such 
establishment  is  situated  in  a  city  of  the  first  class  upon  the 
demand  of  the  commissioner  of  labor.  On  termination  of  the 
employment  of  the  child  so  registered  and  whose  certificate  is  so 
filed,  such  certificate  shall  'be  forthwith  surrendered  by  the  em- 
ployer to  the  child  or  its  parent  or  guardian  or  custodian.  An 
officer  of  the  board,  department  or  commissioner  of  health  of  the 
town,  village  or  city  where  a  mercantile  or  other  establishment 
mentioned  in  this  article  is  situated,  or  if  such  establishment  is 
situated  in  a  city  of  the  first  class  the  commissioner  of  labor,  may 
make  demand  on  an  employer  in  whose  establishment  a  child 
apparently  under  the  age  of  sixteen  years  is  employed  or  per- 
mitted or  suffered  to  work,  and  whose  employment  certificate  is 
not  then  filed  as  required  by  this  chapter,  that  such  employer 
shall  either  furnish  him,  within  ten  days,  evidence  satisfactory  to 
him  that  such  child  is  in  fact  over  sixteen  years  of  age,  or  shall 
cease  to  employ  or  permit  or  suffer  such  child  to  work  in  such 
establishment.  The  officer  may  require  from  such  employer  the 
same  evidence  of  age  of  such  child  as  is  required  on  the  issuance 
of  an  employment  certificate;  and  the  employer  furnishing  such 
evidence  shall  not  be  required  to  furnish  any  further  evidence  of 
the  age  of  the  child.  A  notice  embodying  such  demand  may  be 
;.  served  on  such  employer   personally  or   may   be   sent  by  mail 


OTHER  LAWS  RELATING  TO  SCHOOLS  289 

addressed  to  him  at  said  establislimeiit,  and  if  served  by  post 
shall  he  deemed  to  have  been  served  at  the  time  when  the  letter 
containing  the  same  would  be  delivered  in  the  ordinary  course 
of  the  post.  When  the  employer  is  a  corporation  such  notice 
may  be  served  either  personally  upon  an  officer  of  such  corpora- 
tion, or  by  sending  it  by  post  addressed  to  the  office  or  the  prin- 
cipal place  of  business  of  such  corporation.  The  papers  consti- 
tuting such  evidence  of  age  furnished  by  the  employer  in  response 
to  such  demand  shall,  except  in  cities  of  the  first  class,  be  filed 
with  the  board,  department  or  commissioner  of  health,  and  in 
cities  of  the  first  class  with  the  commissioner  of  labor,  and  a 
material  false  statement  made  in  any  such  paper  or  affidavit  by 
any  person  shall  be  a  misdemeanor.  In  case  such  employer  shall 
fail  to  produce  and  deliver  to  the  officer  of  the  board,  department 
or  commissioner  of  health,  or  in  cities  of  the  first  class  to  the 
commissioner  of  labor,  within  ten  days  after  such  demand  such 
evidence  of  age  herein  required  by  him,  and  shall  thereafter  con- 
tinue to  employ  such  child  or  permit  or  suffer  such  child  to  work 
in  such  mercantile  or  other  establishment,  proof  of  the  giving 
of  such  notice  and  of  such  failure  to  produce  and  file  such  evi- 
dence shall  be  prima  facie  evidence  in  any  prosecution  brought 
for  a  violation  of  this  article  that  such  child  is  under  sixteen 
years  of  age  and  is  unlawfully  employed. 

3.  Employment  in  Street  Trades 
§  220.  Prohibited  employment  of  children  in  street 
trades.  JS^o  male  child  under  ten,  and  no  girl  under  sixteen 
years  of  age,  shall  in  any  city  of  the  first  or  second  class  sell  or 
expose  or  offer  for  sale  newspapers,  magazines  or  periodicals  in 
any  street  or  public  place. 

§  221.  Permit  and  badge  for  neivsboys,  hoiv  issued. 
"No  male  child  under  fourteen  years  of  age  shall  sell  or  expose  or 
offer  for  sale  said  articles  unless  a  permit  and  badge  as  hereinafter 
provided  shall  have  been  issued  to  him  by  the  district  superin- 
tendent of  the  board  of  education  of  the  city  and  school  district 
where  said  child  resides,  or  by  such  other  officer  thereof  as  may  be 
officially  designated  by  such  board  for  that  purpose,  on  the  appli- 
cation of  the  parent,  guardian  or  other  person  having  the  custody 
of  the  child  desiring  such  permit  and  badge,  or  in  case  said  child 
has  no  parent,  guardian  or  custodian  then  on  the  application  of 
his  next  friend,  being  an  adult.  Such  permit  and  badge  shall  not 
10 


290  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

be  issued  until  the  officer  issuing  the  same  shall  have  received,  ex- 
amined, approved  and  placed  on  file  in  his  office  satisfactory  proof 
that  such  male  child  is  of  the  age  of  ten  years  or  upwards,  and 
shall  also  have  received,  examined  and  placed  on  file  the  written 
statement  of  the  principal  or  chief  executive  officer  of  the  school 
which  the  child  is  attending,  stating  that  such  child  is  an  attendant 
at  such  school,  that  he  is  of  the  normal  development  of  a  child  of 
his  age  and  physically  fit  for  such  employment,  and  that  said  prin- 
cipal or  chief  executive  officer  approves  the  granting  of  a  permit 
and  badge  to  such  child.  ISFo  such  permit  or  badge  shall  be  valid 
for  any  purpose  except  during  the  period  in  which  such  proof  and 
written  statement  shall  remain  on  file,  nor  shall  such  permit  or 
badge  be  authority  beyond  the  period  fixed  therein  for  its  dura- 
tion. After  having  received,  examined  and  placed  on  file  such 
papers  the  officer  shall  issue  to  the  child  a  permit  and  badge. 
Principals  or  chief  executive  officers  of  schools  in  which  children 
under  fourteen  years  are  pupils  shall  keep  complete  lists  of  all 
children  in  their  schools  to  whom  a  permit  and  badge  as  herein 
provided  have  been  granted. 

§  222.  Contents  of  permit  and  badge.  Such  periliit 
shall  state  the  date  and  place  of  birth  of  the  child,  the  name  and 
address  of  its  parent,  guardian,  custodian  or  next  friend,  as  the 
case  may  be,  and  describe  the  color  of  hair  and  eyes,  the  height 
and  weight  and  any  distinguishing  facial  mark  of  such  child,  and 
shall  further  state  that  the  papers  required  by  the  preceding 
section  have  been  duly  examined  and  filed;  and  that  the  child 
named  in  such  permit  has  appeared  before  the  officer  issuing  the 
permit.  The  badge  furnished  by  the  officer  issuing  the  permit 
shall  bear  on  its  face  a  number  corresponding  to  the  number  of  the 
permit,  and  the  name  of  the  child.  Every  such  permit,  and  every 
such  badge  on  its  reverse  side,  shall  be  signed  in  the  presence  of 
the  officer  issuing  the  same  by  the  child  in  whose  name  it  is  issued. 

§  223.  Regulations  concerning  badge  and  permit. 
The  badge  provided  for  herein  shall  be  worn  conspicuously  at  all 
times  by  such  child  while  so  working;  and  all  such  permits  and 
badges  shall  expire  annually  on  the  first  day  of  January.  The 
color  of  the  badge  shall  be  changed  each  year.  'No  child  to  whom 
such  permit  and  badge  are  issued  shall  transfer  the  same  to  any 
other  person  nor  be  engaged  in  any  city  of  the  first  or  second 
class  as  a  newsboy,  or  shall  sell  or  expose  or  offer  for  sale  news- 
papers, magazines  or  periodicals  in  any  street  or  public  place 


OTHER    LAWS    EELATING    TO    SCHOOLS  291 

without  having  conspicuously  upon  his  person  such  badge,  and  he 
shall  exhibit  the  same  upon  demand  at  any  time  to  any  police, 
or  attendance  officer. 

§  224.  Limit  of  hours.  'No  child  to  whom  a  permit  and 
badge  are  issued  as  provided  for  in  the  preceding  sections  shall 
sell  or  expose  or  offer  for  sajle  any  newspapers,  magazines  or 
periodicals  after  ten  o'clock  in  the  evening,  or  before  six  o'clock 
in  the  morning.  • 

§  225.  Enforcement  of  article.  In  cities  of  the  first  or 
second  class,  police  officers,  and  the  regular  attendance  officers 
appointed  by  the  board  of  education  who'  are  hereby  vested  with 
the  powers  of  peace  officers  for  the  purpose,  shall  enforce  the  pro- 
visions of  this  article. 

§  226.  Violation  of  this  article,  ho^v  punished.  Any 
child  who  shall  work  in  any  city  of  the  first  or  second  class  in 
any  street  or  public  place  as  a  newsboy  or  who  shall  sell  or 
expose  or  offer  for  sale  newspapers,  magazines  or  periodicals  in 
violation  of  the  provisions  of  this  article,  shall  be  arrested  and 
brought  before  a  court  or  magistrate  having  jurisdiction  to  com- 
mit a  child  to  an  incorporated  charitable  reformatory  or  other 
institution  and  be  dealt  with  according  to  law;  and  if  any  such 
child  is  committed  to  an  institution,  it  shall  when  practicable,  be 
committed  to  an  institution  governed  by  persons  of  the  same 
religious  faith  as  the  parents  of  such  child.  The  permit  and 
badge  of  any  child  who  violates  the  provisions  of  this  article  may 
bo  revoked  by  the  officer  issuing  tlie  same,  upon  the  recommenda- 
tion of  the  principal  or  chief  executive  officer  of  the  school  which 
such  child  is  attending,  or  upon  the  complaint  of  any  police 
officer  or  attendance  officer,  and  such  child  shall  surrender  the 
permit  and  badge  so  revoked  upon  the  demand  of  any  attendance 
officer  or  police  officer  charged  with  the  duty  of  enforcing  the 
provisions  of  this  article.  The  refusal  of  any  child  to  surrender 
such  permit  and  badge,  upon  such  demand,  or  the  sale  or  offer- 
ing for  sale  of  newspapers,  magazines  or  periodicals  in  any  street 
or  public  place  by  any  child  after  notice  of  the  revocation  of 
such  permit  and  badge  shall  be  deemed  a  violation  of  this  article 
and  shall  subject  the  child  to  the  penalties  provided  for  in  this 
eection. 


292  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

VIII.  FINANCIAL  PROVISIONS 

State  Finance  Law  (L.  1909,  cli.  58) 

§  2-a.  The  salaries  of  all  officers  of  the  state,  and  the  wages 
of  all  employees  thereof  shall  be  due  from  and  pavablte  by  the 
state  twice  each  month,  on  the  first  and  sixteenth  days  thereof, 
except  where  such  days  fall  upon  Sunday  or  a  legal  holiday  when 
such  payments  shall  be  made  upon  the  succeeding  business  day. 
Said  salaries  and  wages  shall  be  subject  to  all  the  provisions  of 
section  thirteen  hundred  and  ninety-one  of  the  code  of  civil  pro- 
cedure applicable  to  any  wages,  debts,  earnings  or  salary,  as  if 
the  state  and  the  said  wages  and  salary  due  and  payable  by  it 
had  been  particularly  designated  therein.  The  provisions  of  this 
section  shall  bo  deemed  to  supersede  any  other  provision  of  this 
chapter  or  of  any  general  or  special  law  inconsistent  herewith. 
[Added  by  L.  1910,  ch.  317.] 

§  40.  Gifts  to  the  state  of  obligations  of  another 
state;  hoiv  held.  Whenever  any  person  or  persons,  copartner- 
ship, corporation  or  association  shall  give,  bequeath  or  assign  to 
the  state  of  New  York  any  bonds,  warrants,  chosesi  in  action  or 
other  obligations  of  any  other  state,  the  governor  is  hereby  author- 
ized in  his  discretion,  to  receive  and  accept  the  same  for  the  benefit 
of  the  state  and  the  right  and  title  thereto  and  therein  shall  there- 
upon pass  to  and  vest  in  this  state  and  the  same  and  eJI  the  pro- 
ceeds thereof  when  collected  shall  be  held  by  the  comptroller  in  a 
special  account  or  fund  subjeOt  to  be  appropriated  by  the  legis- 
lature only  for  the  support  of  common  schools,  or  for  the  promo- 
tion of  some  educational  interest  in  the  state.  Whenever  it  shall 
be  necessary  to  protect  or  assert  the  right  or  title  of  the  state  to  any 
such  bonds,  warrants,  choses  in  action  or  other  obligations  so  rer 
ceived,  or  to  collect  or  enforce  the  same  or  any  part  thereof,  prin- 
cipal or  interest,  the  attorney  general  is  hereby  authorized  and  di- 
rected to  take  the  necessary  and  proper  proceedings  or  to  bring  suit 
thereon  in  the  name  of  the  state  in  any  court  of  competent  juris- 
diction, state  or  federajl,  and  to  prosecute  all  such  suits  or  pro- 
ceedings to  a  termination. 

§  80.  The  education  fund.  The  common  school  fund,  the 
literature  fund,  and  the  United  States  deposit  fund,  shall  con- 
tinue to  consist  of  all  moneys,  securities  or  other  property  in  the 
treasury  of  the  state,  or  under  the  control  of  any  state  ofiicer,  and 


OTHER    LAWS    EELATING    TO    SCHOOLS  293 

of  all  debts  due  the  state,  or  real  property  owned  bj  it,  belonging 
to  such  funds.  The  proceeds  of  all  lands  which  belonged  tO'  the 
state  on  January  first,  eighteen  hundred  and  twenty-three,  except 
the  parts  thereof  reserved  or  appropriated  to  public  use,  or  ceded 
to  the  United  States,  shall  belong  to  the  common  school  fund. 

In  case  of  any  diminution  of  capital  belonging  to  the  common 
school  fund.  United  States  deposit  fund  or  literature  fund,  there 
shall  be  transferred  to  the  capital  of  such  fund  or  funds  from  the 
income  thereof  so  much  as  may  be  necessary  to  preserve  the  capi- 
tal inviolate.  Of  the  income  of  the  United  States  deposit  fund, 
twenty-five  thousand  dollars  shall  annually  be  added  to  the  capita^ 
of  the  common  school  fund.  It  shall  be  the  duty  of  the  comp^ 
troller,  at  the  close  of  each  fiscal  year,  to  transfer  tO'  the  general 
fund  the  remainder  of  the  income  of  the  common  school  fund, 
United  States  deposit  fund  and  literature  fund,  which  together 
with  such  amounts  as  may  be  raised  or  received  by  taxation  or 
otherwise  for  educational  purposes,  shall  constitute  the  education 
fund,  and  appropriaitions  therefrom  may  be  made  annually  for 
the  support  of  the  educational  system  of  the  state,  to  be  appor- 
tioned by  the  commissioner  of  education  in  the  manner  provided 
by  law,  which  apportionment  shall  be  certified  by  the  commis- 
si'Oner  of  education  to  the  comptroller  for  distribution  and  pay- 
ment. The  amount  appropriated  by  the  legislature  for  the  sup- 
port and  maintenance  of  the  common  school  system  of  the  state, 
shall  be  payable  from  the  treasury  upon  the  warrant  of  the 
comptroller,  and  the  comptroller  shall  countersign  and  enter  all 
checks  drawn  by  the  treasurer  in  payment  of  his  warrants,  and 
all  receipts  of  the  treasurer  for  such  payments  paid  to  the  treas- 
urer, and  no  such  receipts  shall  be  evidence  of  payment  unless 
they  be  so  countersigned.  ' 

IX.  FEES  OF  SUPERVISOR 

Toiun  Laiv  (L.  1909,  ch.  63) 

-i.-  ■-*•- 

§  85.  Compensation  of  toivn  officers. 

3.  The  supervisor  of  each  town  shall  be  allowed  and  paid, 
in  the  same  manner  as  other  town  charges  are  allowed  and 
paid,  a  fee  of  one  per  centum  on  all  moneys  paid  out  by  him  as 
such  supervisor,  including  school  moneys  disbursed  by  him  as  pro- 
vided in  the  education  law,  moneys  paid  out  by  him  for  damages 
arising  from  dogs  killing  or  injuring  sheep  as  provided  in  article 


294  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

seven  of  the  county  law,  moneys  in  his  hands  paid  out  by  him  for 
the  relief  of  the  poor,  and  all  other  tOA^ni  moneys  paid  out  by  him 
for  defraying  town  charges,  except  moneys  expended  under  article 
six  of  the  highway  law.  But  no  such  fete  shall  be  allowed  or  paid 
upon  moneys  paid  over  by  him  to  his  successor  in  office.  Such  fees 
sliall  be  in  full  compensation  for  all  services  rendered  by  him  in 
respect  to  moneys  received  and  paid  out  by  him  as  such  supervisor 
as  provided  by  law  except  the  compensation  provided  in  section 
one  hundred  and  ten  of  the  highway  law.  [As  amended  hy  L. 
190d,ch.  491.] 

X.  SCHOOL  COMMISSIONER   DISTRICTS 

Countij  Ldw  {L.  1909,  ch.  16) 
§  12.  General  powers.  The  board  of  supervisors  shall: 
9.  Divide  any  school  commissioner's  district  within  the  county 
which  contains  more  than  two  hundred  school  districts,  and  erect 
therefrom  an  additional  school  commissioner's  district,  and  when 
such  district  shall  have  been  formed,  a  school  commissioner  for 
the  district  shall  be  elected  in  the  manner  provided  by  law  for  the 
©lection  of  school  commisisioners. 

[Obsolete.  Superseded  hy  Education  Law,  art,  14,  as  ainended 
hy  L.  1910,  ch,  607.] 

XI.  LIQUORS  SOLD  NEAR  SCHOOL-HOUSES 

Uqwor  Tax  Law  (L.  1909,  ch.  39) 
§  23.  Places  in  ivhieli  traffic  in  liquor  shall  not  be 
permitted.    Traffic  in  liquor  shall  not  be  permitted : 

2.  Under  the  provisions  of  subdivision  one  of  section  eight 
of  this  chapter,  in  any  building,  yard,  booth  or  other  place  which 
shall  be  on  the  same  street  or  avenue  or  within  two  hundred  feet 
of  a  building  occupied  exclusively  as  a  church  or  school-house; 
the  measurements  to  be  taken  in  a  straight  line  from  the  center 
of  the  nearest  entrance  of  the  building  used  for  such  church  or 
school  to  the  center  of  the  nearest  entrance'  of  the  place  in  which 
such  liquor  traffic  is  desired  to  be  carried  on ;  provided,  however, 
that  this  prohibition  shall  not  apply  to  a  pHace  which  on  the 
twenty-third  day  of  March,  eighteen  hundred  and  ninety-six,  was 
lawfully  occupied  for  a  hotel,  nor  to  a  place  in  whicn  such  traffic 
in  liquors  was  actually  lawfully  carried  on  at  that  date,  nor  to  a 
place  which  at  such  date  was  occupied,  or  was  in  process  of  con- 


OTHER    LAWS    RELATING    TO    SCHOOLS  295 

struction,  by  a  corporation  or  association  which  traffics  in  liquors 
solely  with  the  members  thereof,  nor  to  a  p'lace  within  such  limit 
to  which  a  corporation  or  association  trafficking  in  liquors  solely 
with  the  members  thereof,  at  such  date  may  remove  .  .  .  nor 
to  a  place  in  which  traffic  in  liquors  was  lawfully  carried  on  con- 
tinuously from  a  date  prior  to  the  date  when  a  building  on  the 
same  street  or  avenue  and  within  two  hundred  feet  of  said  place 
has  been  occupied  exclusively  as  a  church  or  school  house ;  nor  to 
any  premises  which  have  been  continuously  occupied  for  a  hotel 
from  a  date  prior  to  the  date  when  a  building  on  the  same  street 
or  avenue  and  within  two  hundred  feet  of  said  premises  has  been 
occupied  exclusively  as  a  church  or  schoolhouse;  but  none  of  the 
exemptions  under  this  subdivision  shall  apply  to  subdivision  one 
of  this  section,  or    .     .     .     lAmended  hy  L,  1911^  cJi.  643.] 

XII.  SAVINGS  BANKS  IN  SCHOOLS 

BanJcing  Laiu  (L.  1909,  ch.  10) 

§  160.  Advertisements  of  unauthorized  savings 
banks  prohibited.  ISTo  bank,  banking  association,  individual 
banker,  firm,  association,  corpoTation,  person  or  persons  shall 
make  use  of  the  word  "  savings  "  in  their  banking  business,  or 
advertise  or  put  forth  any  advertising,  literature,  or  sign  as  a 
savings  bank,  or  in  any  way  solicit  or  receive  deposits  as  a  savings 
bank,  other  than  a  savings  bank  or  a  co-operative  savings  and  loan 
association  organized  under  the  laws  of  the  state  of  ISTew  York. 
It  shall,  however,  be  lawful  for  the  principal  or  superintendent  of 
any  public  school  or  schools  in  the  state  of  'New  York  or  for  any 
person  designated  for  that  purpose  by  the  board  of  education  or 
other  school  authority  under  which  such  school  shall  be  to  collect 
once  a  week,  or  from  time  to  time,  small  amounts  of  savings  from 
the  pupils  of  said  school,  the  same  to  be  deposited  by  said  prin- 
cipal or  superintendent  or  designated  person  on  the  day  of  col- 
lection in  some  savings  bank  in  the  state  or,  in  villages  and  cities 
in  which  there  is  no  regularly  established  savings  bank  in  any 
savings  and  loan  association,  trust  company,  state  or  national 
bank,  located  in  the  state  and  having  an  interest  department. 
These  moneys  shall  be  placed  to  the  credit  of  the  respective  pupils 
from  whom  the  money  shall  be  collected,  or  if  the  amount  collected 
at  any  one  time  shall  be  deemed  insufficient  for  the  opening  of 
individual  accounts,  in  the  names  of  said  principal  or  superin- 


296  I^EW  YORK  STATE  EDUCATIOiq^  DEPARTMENT 

tendent  or  designated  person,  in  trust,  and  to  be  by  him  eventually 
transferred  to  the  credit  of  the  respective  pupils  to  whom  the 
same  belongs.  In  the  meantime,  said  principal  or  superintendent 
or  designated  person  shall  furnish  to  the  bank  a  list  giving  the 
names,  signatures,  addresses,  ages,  places  of  birth,  parents^  names 
and  such  other  data  concerning  the  respective  pupils  as  the  sav- 
ings bank  may  require,  and  it  shall  be  lawful  to  use  the  words 
"  system  of  school  savings  banks ''  or  ^'  school  savings  banks  "  in 
circulars,  reports  and  other  printed  or  written  matter  used  in 
connection  with  the  purposes  of  this  section.  Any  bank,  banking 
association,  individual  banker,  firm,  association,  corporation,  per- 
son or  persons  violating  this  provision  shall  forfeit  to  the  people 
of  the  state  for  every  offense  the  sum  of  one  hundred  dollars  for 
every  day  such  offense  shall  be  continued  provided,  however,  that 
upon  the  subsequent  establishment  of  a  savings  bank,  the  deposit 
of  such  moneys,  or  the  continuance  of  deposits,  in  any  savings 
and  loan  association,  trust  company,  state  or  national  bank,  pre- 
viously used  as  a  depository  of  school  savings,  shall  not  be  deemed 
a  violation  of  the  provisions  of  this  act.  [As  amended  hy  L.  1909, 
ch.4:d7.] 

XIII.   LEGALIZING  SCHOOL   BONDS;   RATE 
OF  INTEREST 

General  Municipal  Law  (L.  1909,  cli.  29) 

ARTICLE  2-a 

[Inserted  hy  L.  1911,  oh.  769.] 

Legalizing  Bonds   or  Proceedings  for  Issuance 

Section  22.  Legalizing  proceedings. 

23.  Petition. 

24.  ISTotice  of  presentation  of  petition ;  filing ;  answer. 

25.  Hearing. 

26.  Determination  of  court. 

27.  Appeal. 

28.  Effect  of  determination. 

29.  Definitions. 

§  22.  Legalizing  proceedings.  Proceedings  heretofore 
or  hereafter  taken  by  a  municipal  corporation  authorized  by  law 
to  issue  bonds,  or  by  its  ofiicers,  agents  or  voters,  pursuant  to  a 
statute  authorizing  or  requiring  such  proceedings,  may  be  legalized 


OTHER   LAWS    RELATING    TO    SCHOOLS  297 

and  confirmed  by  the  supreme  court  in  tlie  manner  and  with  the 
effect  provided  by  this  article.  A  proceeding  may  be  instituted 
hereunder  for  the  purposes  of  legalizing  and  confirming  such  pro- 
ceedings taken  prior  to  the  issuance  and  sale  of  such  bonds,  or  for 
the  purpose  of  legalizing  and  confirming  such  preliminary  pro- 
ceedings and  also  the  issuance,  sale  and  form  of  such  bonds.  Such 
a  proceeding  may  be  instituted  by  the  officer  or  officers  of  such 
municipal  corporation  authorized  or  required  by  law  to  sell  such 
bonds,  or  if  the  purpose  of  such  proceeding  also  includes  the  legal- 
izing and  confirming  of  the  proceedings  in  respect  to  the  issuance, 
sale  and  form  of  such  bonds,  by  any  taxpayer  of  the  municipal 
corporation  or  by  a  purchaser  or  holder  of  such  bonds. 

§  23.  Petition.  The  officer  or  person  commencing  such  pro- 
ceeding shall  present  a  verified  petition  to  a  special  term  of  the 
supreme  court  held  within  the  judicial  district  in  which  such  mu- 
nicipal corporation  is  wholly  or  partly  situated,  stating  the  statute 
under  which  it  is  proposed  to  issue  such  bonds  or  under  which 
such  bonds  were  issued,  the  purpose  thereof,  the  aggregate  amount 
of  bonds  proposed  to  be  issued  or  issued,  the  time  when  such  bonds 
are  payable,  and  all  proceedings  that  have  been  taken  by  the 
municipal  corporation,  or  by  its  officers,  agents  or  voters,  in  respect 
to  the  issuance  and  sale  of  such  bonds,  and  praying  that  such  court 
shall  investigate  the  law  and  facts  in  relation  to  such  proceedings 
and  determine  whether  such  proceedings  substantially  complied 
with  the  statute  under  which  it  is  proposed  to. issue  and  sell  such 
bonds,  or  under  which  such  bonds  were  issued  and  sold.  Such 
petition  may  also  state  any  particular  in  which  the  petitioner 
deems  that  such  proceedings  may  not  have  complied  with  the 
statute  under  which  it  is  proposed  to  issue  and  sell  such  bonds,  or 
under  which  the  same  were  issued  and  sold. 

§  24.  Notice  of  presentation  of  petition;  filing; 
ansvrer.  A  notice  stating  the  time  and  place  of  the  presentation 
of  such  petition  and  briefly  describing  the  proceedings  sought  to 
be  legalized  and  confirmed  shall  be  published  at  least  twice  in  a 
newspaper,  if  any,  published  in  the  municipal  corporation,  or  if 
no  newspaper  be  published  therein,  in  a  newspaper  published  in 
the  city,  village  or  town  nearest  to  such  municipal  corporation. 
Such  publication  shall  be  made  at  least  twenty  and  not  more  than 
thirty  days  prior  to  the  date  of  such  hearing.  Such  notice  shall 
also  be  posted  in  at  least  ten  conspicuous  public  places  in  the 
municipal  corporation.     If  such  proceeding  be  instituted  by  a 


298  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

taxpayer,  or  a  purchaser  or  holder  of  bonds  which  have  been  issued, 
such  notice  shall  also  be  served  upon  the  mayor  of  a  city,  the 
president  of  a  village,  the  supervisor  of  a  town,  or  the  officer, 
board  or  commission  authorized  or  required  by  law  to  sell  such 
bonds,  and  upon  any  known  purchaser  or  holder  of  such  bonds. 
Such  notice  shall  be  so  served  personally  or  by  mail  at  least  twenty 
days  before  the  date  of  such  hearing  and  shall  be  accompanied  by 
the  petition  proposed  to  be  presented  at  such  hearing,  and  at  least 
ten  days  prior  to  such  hearing  such  municipal  corporation  may 
serve  on  the  petitioner  a  verified  answer  to  such  petition.  If  such 
proceeding  be  instituted  by  a  municipal  officer  or  officers,  a  copy 
of  the  petition  proposed  to  be  presented  at  the  hearing  shall  be  filed 
in  the  office  of  the  officer  or  officers  authorized  or  required  by  law 
to  sell  such  bonds.  At  any  time  prior  to  such  hearing  a  taxpayer 
of  such  municipality,  or  if  such  bonds  have  been  issued,  a  holder 
or  purchaser  may  file  in  such  office  a  verified  answer  to  such 
petition. 

§  25.  Hearing.  At  the  time  of  such  hearing  any  taxpayer 
of  the  municipal  corporation,  or  if  such  bonds  have  been  issued, 
any  holder  or  purchaser  thereof  may  intervene  and  with  the  consent 
of  the  court  be  made  a  party  thereto.  Upon  such  hearing  any  party 
to  such  proceeding  may  appear,  by  counsel,  and  may  produce  and 
examine  witnesses  as  to  the  proceedings  taken  in  respect  to  the 
issue  and  sale  of  such  bonds.  Such  witnesses  shall  be  subject  to 
cross-examination  by  any  party  appearing  at  such  hearing. 

The  court  may  appoint  a  referee  to  take  testimony  in  respect 
to  the  proceeding  for  the  issuance  and  sale  of  such  bonds  and  may 
otherwise  require  the  parties  thereto  to  produce  proof,  by  affidavit 
or  otherwise,  of  any  facts  which  may  tend  to  enable  the  court  to 
make  a  full  and  complete  determination  in  respect  to  the  proceed- 
ings for  the  issuance  and  sale  of  such  bonds. 

§  26.  Determinatioii  of  court.  If,  after  such  hearing  and 
investigation,  such  court  is  satisfied  that  the  statute  under  which 
such  proceedings  were  taken  authorized  bonds  to  be  issued  by 
the  municipal  corporation  for  the  aggregate  amount  for  which 
it  is  proposed  to  issue  the  same,  or  for  the  amount  of  bonds  issued 
and  sold  thereunder  if  such  bonds  have  been  already  issued  and 
sold,  and  that  the  proceedings  taken  by  such  municipal  corporation, 
its  officers,  agents  or  voters,  prior  to  the  issuance  and  sale  of  such 
bonds,  or  including  the  issuance  and  sale  of  such  bonds  have  been 
already  issued,  substantially  complied  with  the  statute  under  which 


OTHER    LAWS    RELATING    TO    SCHOOLS  299 

it  is  proposed  to  issue  such  bonds,  or  under  which  such  bonds  were 
issued  and  sold,  the  court  may,  by  order,  legalize  and  confirm  the 
proceedings  taken  prior  to  the  issue  and  sale  of  such  proposed 
bonds,  or  if  such  bonds  have  been  issued,  including  the  proceedings 
on  the  issuance  and  sale  thereof  and  the  form  of  the  bonds  issued 
thereunder,  with  the  same  force  and  effect  as  though  all  the  pro- 
visions of  law  in  relation  to  such  proceedings  and  form  had  been 
strictly  complied  with.    The  court  may  determine  that  such  statute 
was  substantially  complied  with  if  it  authorized  the  aggregate 
amount  of  bonds  proposed  to  be  issued  or  issued  thereunder,  that 
the  proposition  to  issue  such  bonds  was  adopted  at  the  election, 
if  any,  to  which  it  was  submitted  or  by  the  required  vote  of  the 
meeting  of  the  body  or  board  to  which  it  was  submitted,  and  that 
such  bonds,  if  issued  and  sold  were  sold  at  not  less  than  par  and  at 
a  rate  of  interest  no  greater  than  was  authorized  by  the  statute 
under  which  such  bonds  were  issued,  notwithstanding  any  irregu- 
larity or  technicality  in  the  form  of  proposition  or  resolution  pro- 
posing or  authorizing  such  issue,  or  in  the  notice  of  the  election  or 
of  the  meeting  of  the  board  or  body  adopting  such  resolution  or 
authorization,  or  in  the  time  or  manner  of  service  thereof,  or  in 
the  conduct  of  the  election  or  meeting  at  which  such  proposition  or 
authorization  was  adopted,  or  in  that  such  proposition  was  sub- 
mitted more  than  once  within  one  year  or  other  shorter  period 
than  authorized  by  law,  or,  if  such  bonds  have  already  been  issued 
in  the  manner  of  issuance  or  sale  thereof,  or  in  the  time  or  times 
of  payment  thereof,  or  notwithstanding  any  other  technical  or 
formal  irregularity  of  like  nature  in  such  proceedings.     If  the 
court  is  satisfied  that  the  proceedings  for  the  issuance  and  sale  of 
such  bonds  did  not  substantially  comply  with  the  statute  under 
which  it  was  proposed  to  issue  and  sell  the  same  or  under  which 
the  same  were  issued  and  sold,  he  may  make  an  order  accordingly 
specifying  the  particulars  in  which  he  deems  that  such  proceedings 
failed  to  comply  with  such  statute. 

§  27.  Appeal.  An  appeal  may  be  taken  to  the  appellate  divi- 
sion from  the  order  of  the  supreme  court  legalizing  and  confirming 
such  proceedings,  or  refusing  to  legalize  and  confirm  the  same. 
Such  appeal  must  be  taken  within  ten  days  after  the  entry  of  the 
order,  by  the  service  of  the  notice  of  appeal  upon  all  the  parties 
to  such  pro<3eeding  who  appeared  personally  or  by  counsel  at  the 
hearing  before  the  supreme  court.  The  decision  of  the  appellate 
division  thereon  shall  be  final. 


300  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

§  28.  Effect  of  determination.  If  the  order  of  the  su- 
preme court  legalizes  and  confirms  such  proceedings,  upon  the 
expiration  of  the  time  to  appeal  therefrom  if  no  appeal  be  taken, 
or  upon  the  entry  of  the  final  order  of  the  appellate  division  con- 
firming such  order  of  the  supreme  court,  such  proceedings  shall 
be  deemed  legalized  and  confirmed.  If  such  proceeding  was  insti- 
tuted to  legalize  and  confirm  proceedings  prior  to  the  issuance  and 
sale  of  such  bonds,  the  officer  or  officers  of  such  municipal  corpo- 
ration authorized  to  issue  such  bonds  may  issue  and  sell  the  same 
accordingly,  and  the  validity  of  such  bonds  shall  not  thereafter  be 
in  any  manner  questioned  by  reason  of  any  defect  or  irregularity 
in  such  preliminary  proceedings,  and  nothwithstanding  any  such 
irregularity  or  defect  shall  be  binding  and  legal  obligations  upon 
the  municipal  corporation  issuing  and  selling  the  same.  If  such 
proceeding  was  instituted  to  legalize  and  confirm  the  proceedings 
for  the  issue  and  sale  of  bonds  that  were  issued  and  sold  at  the  time 
such  proceeding  was  instituted,  such  bonds  shall  be  valid  and 
binding  obligations  upon  the  municipal  corporation,  in  like  man- 
ner, and  the  validity  thereof  shall  not  in  any  mianner  be  questioned 
by  reason  of  any  irregularity  or  defect  in  the  proceedings  for  the 
issue  and  sale  of  such  bonds,  or  in  the  form  thereof. 

§  29.  Definitions.  The  term  "  municipal  corporation  "  as 
used  in  this  article  includes  a  city,  county,  village,  town,  school 
district,  sewer  district,  water  district,  lighting  district  or  any  other 
district  or  territory  authorized  by  law  to  issue  bonds. 

The  term  ^'  bonds  "  as  used  in  this  article  includes  bonds,  cor- 
porate stock,  certificates  of  indebtedness  or  any  other  obligations 
whereby  a  municipal  corporation  agrees  to  pay  a  stated  sum  of 
money. 

§  21.  Maximum  rate  of  interest  on  municipal  bonds. 
If  in  any  general  or  special  law  heretofore  passed  authorizing  or 
requiring  an  issue  of  bonds  by  a  municipal  corporation,  or  by  any 
department,  board,  commission,  or  officer  thereof,  a  maximum  rate 
of  interest  on  the  bonds  to  be  issued  thereunder  be  prescribed,  the 
rate  of  interest  on  such  bonds  hereafter  issued  in  pursuance  of 
such  general  or  special  law  may  be  fixed  by  the  department,  board, 
commission  or  officer  charged  by  law  with  the  duty  of  issuing  such 
bonds  at  any  rate  not  more  than  the  legal  rate  of  interest,  notwith- 
standing the  provisions  of  such  general  or  special  law  prescribing 
a  different  maximum  rate.  The  term  "  municipal  corporation  " 
as  used  in  this  section  includes  a  city,  county,  village,  town,  school 


OTHER  LAWS  RELATING  TO  SCHOOLS  301 

district,  sewer  district,  water  district,  lighting  district  or  any  other 
district  or  territory  authorized  by  law  to  issue  bonds,  and  the  term 
'^  bonds  "  includes  bonds,  corporate  stock,  certificates  of  indebted- 
ness or  any  other  obligation  whereby  a  municipal  corporation 
agrees  to  pay  a  stated  sum  of  money.  [Added  hy  L.  1911,  ch, 
573.] 

XIV.     AGRICULTURAL     EDUCATION     AND 
COUNTRY  LIFE  ADVANCEMENT 

L.  1911,  ch.  785. 

AN  ACT  to  create  a  state  advisory  board  in  relation  to  agricultural  education 
and  country  life  advancement. 

§  1.  An  advisory  board  in  relation  to  the  promotion  and  direc- 
tion of  agricultural  education  and  the  advancement  of  country 
life  is  hereby  created  to  consist  of  twelve  persons  as  follows: 

The  commissioner  of  education,  commissioner  of  agriculture,  di- 
rector of  the  ^N'ew  York  state  college  of  agriculture,  director  of 
the  'New  York  agricultural  experiment  station,  director  of  the 
!N^ew  York  state  veterinary  college,  director  or  dean  of  the  state 
schools  of  agriculture  at  Alfred  university,  Alfred,  ^N".  Y.,  Saint 
Lawrence  university,  Canton,  ]^.  Y.,  and  Morrisville,  E".  Y.,  a 
member  of  the  state  fair  commission,  to  be  designated  by  the  com- 
mission, and  the  remaining  three  members  to  be  appointed  by  and 
hold  office  during  the  pleasure  of  the  governor. 

It  shall  be  the  duty  of  said  board  to  consider  plans  for  the  pro- 
motion and  direction  of  agricultural  education  and  the  advance- 
ment of  the  interest  in  country  life.  Said  board  shall  on  or  be- 
fore the  first  day  of  February  of  each  year  report  to  the  governor 
of  the  state  its  views  and  recommendations  upon  the  above  ques-" 
tions. 

The  rej^resentatives  of  the  departments  or  institutions  as  above 
set  forth  shall  be  the  head  or  chief  executive  officer  of  such  depart- 
ment or  institution  or  a  person  duly  designated  by  such  head  or 
executive  officer;  said  board  to  serve  without  compensation  for 
services. 

§  2.  This  act  shall  take  effect  immediately. 


302  NEW  YORK  STATE  EDUCATION  DEPARTMENT 


APPENDIX  B 

OTHER    LAWS    RELATING    TO    THE    UNI- 
VERSITY 

I.  Incorporation  of  educational  etc.  corporations 

1.  General  provisions  as  to  incorporation 

2.  Tax  to  be  paid  upon  incorporation 

3.  Other  provisions  as  to  powers  and  limitations 
II.  GiftSj  devises  and  bequests  for  educational  uses 

1.  Portion  of  estate  to  be  devised  or  bequeathed 

2.  Gifts  and  bequests  authorized 

3.  Grants  and  devises  authorized 

4.  Accumulation  for  use  of  educational  corporations 

5.  Transfer  tax  on  devises  and  bequests 
III.  Libraries  and  state  museum 

IV.  Supervisor  of  public  records  and  state  historian 

I.  INCORPORATION  OF  EDUCATIONAL  ETC, 
CORPORATIONS 

1.  General  Provisions  as  to  Incorporation 

State  Constitution,  Art.  8 

§  1.  Corporations  may  be  formed  under  general  laws;  but  shall 
not  be  created  by  special  act,  except  for  municipal  purposes,  and 
in  cases  where,  in  the  judgment  of  the  legislature,  the  objects  of 
the  corporation  can  not  be  attained  under  general  laws.  All  gen- 
eral laws  and  specia^l  acts  passed  pursuant  to  this  section  may  be 
altered  from  time  to  time  or  repealed. 

Business  Coj-porations  Law  (L.  1909.  ch.  12) 
§  2.  Incorporation.  Except  as  provided  in  section  two-a 
of  this  chapter,  three  or  more  persons  may  become  a  stock  cor- 
poration for  any  lawful  business  purpose  or  purposes  other  than  a 
moneyed  corporation,  or  a  corporation  provided  for  by  the  bank- 
ing, the  insurance,  the  railroad  and  the  transportation  corpora- 
tions laws,  or  an  educational  institution  or  corporation  which 
may  be  incorporated  as  provided  in  the  education  law,  by  mak- 
ing, signing,  'acknowledging  and  filing  a  certificate  which  shall 
contain:   [As  amended  by  L.  1909,  ch.  484.] 


OTHER   LAWS    RELATIIfG    TO    THE    UNIVERSITY  303 

Membership  Corporations  Law  (L.  1909,  ch.  40) 

§  40.  Purposes  for  ivhich  corporations  may  be 
formed  under  this  article.  A  membersliip  corporation  may 
be  created  under  this  article  for  any  lawful  purpose,  except  a  pur- 
pose for  which  a  corporation  may  be  created  under  any  other 
article  of  this  chapter,  or  any  other  general  law  than  this  chapter. 

See  also  Education  Law,  §  1097,  §  1099.  The  Statutory  Kevision  Commia- 
sion  called  special  attention  before  the  enactment  of  this  law  to  the  fact  that 
it  would  not  allow  incorporation,  except  by  the  regents,  of  any  library, 
museum,  or  other  institution  or  association  for  the  promiotion  of  science, 
literature,  art,  history,  or  other  department  of  knowledge.  All  such  corpora- 
tions must  hereafter  be  created  only  under  section  1097  of  the  education  laAV 
and  by  act  of  the  regents. 

2.  Tax  to  be  Paid  upon  Incorporation 

Tax  Law  {L.  1909,  ch.  62) 

§  180.  Organization  tax.  Every  stock  corporation  in- 
corporated under  any  law  of  this  state  shall  pay  to  the  state 
treasurer  a  tax  of  one-twentieth  of  one  per  centum  upon  the 
amount  of  capital  stock  which  the  corporation  is  authorized  to 
have,  and  a  like  tax  upon  any  subsequent  increase.  Provided, 
th'at  in  no  case  shall  such  tax  be  less  than  five  dollars.  Such 
tax  shall  be  due  and  payable  upon  the  incorporation  of  such  cor- 
poration or  upon  the  increase  of  its  capital  stock.  Except  in  the 
case  of  a  railroad  corporation  neither  the  secretary  of  state  nor 
county  clerk  shall  file  any  certificate  of  incorporation  or  article 
of  association,  or  give  any  certificate  to  any  such  corporation  or 
association  until  he  is  furnished  a  receipt  for  such  tax  from  the 
state  treasurer,  and  no  stock  corporation  shall  have  or  exercise 
any  corporate  franchise  or  powers,  or  carry  on  business  in  this 
state  until  such  tax  shall  have  been  paid.  And  in  case  of  a 
decrease  of  capital  stock,  upon  which  the  tax  required  by  law 
has  been  paid,  and  a  subsequent  increase  thereof,  a  tax  shall  be 
paid  only  upon  so  much  of  such  increase  as  exceeds  the  amount 
of  capital  stock  upon  which  a  tax  has  been  before  paid.  .In  case  of 
the  consolidation  of  existing  corporations  into  a  corporation,  such 
new  corporation  shall  be  required  to  pay  the  tax  nereinbefore 
provided  for  only  upon  the  amount  of  its  capital  stock  in  excess 
of  the  aggregate  amount  of  capital  stock  of  said  corporations. 
This  section  shall  not  apply  to  state  and  national  banks  or  to 
building,  mutual  loan,  accumulating  fund  and  co-operative  asso- 


304  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

ciations.  A  railroad  corporation  need  not  pay  such  tax  at  tlie 
time  of  filing  its  certificate  of  incorporation,  but  shall  pay  the 
same  before  the  public  service  commission  shall  grant  a  certificate, 
as  required  by  the  railroad  law,  authorizing  the  construction  of 
the  road  as  proposed  in  its  articles  of  association,  and  such  certifi- 
cate shall  not  be  granted  by  the  public  service  commission  until 
it  is  furnished  wjth  a  receipt  for  such  tax  from  the  state  treasurer. 
If  the  board  of  railroad  commissioners  or  public  service  commis- 
sion shall  have  heretofore  granted,  or  the  public  service  commis- 
sion shall  hereafter  grant,  such  certificate  and  upon  an  appeal 
from  the  determination  of  such  board  of  railroad  commissioners 
or  public  service  commission,  such  certificate  has  been  or  may 
hereafter  be  denied  the  comptroller  shall  refund  the  amount  of 
tax  so  paid  to  the  railroad  corporation  or  corporations  by  which 
such  tax  was  paid,  upon  proof  of  payment  being  presented  and 
lappropriation  being  made  therefor.  [^Amended  hy  L.  1911,  cJi, 
91,  in  effect  April  29,  1911.] 

3.  Other  Provisions  as  to  Powers  and  Limita- 
tions 

General  Corporation  Law  (L.  1909,  cJi.  28.) 

§  11.  Grant  of  general  powers.  Every  corporation  as 
such  has  power,  though  not  specified  in  the  law  under  which  it 
is  incorporated.     .     . 

3.  To  acquire  by  grant,  gift,  purchase,  devise  or  bequest,  to 
hold  and  to  dispose  of  such  property  as  the  purposes  of  the  cor- 
poration shall  require,  subject  to  such  limitations  as  may  be  pre- 
scribed by  law.      .      . 

§  12.  Enlargement  of  limitations  upon  the  amount 
of  tlie  property  of  non-stock  corporations.  If  any 
general  or  special  law  heretofore  passed,  or  any  certifi<?ate  of  in- 
corporation, shall  limit  the  amount  of  property  a  corporation  other 
than  a  stock  corporation  may  take  or  hold  such  corporation  may 
take  and  hold  property  of  the  value  of  ten  million  dollars  or  less, 
or  the  yearly  income  derived  from  which  shall  be  one  million  dol- 
lars or  less,  notwithstanding  any  such  limitations.  In  computing 
the  value  of  such  property,  no  increase  in  value  arising  otherwise 
than  from  improvements  made  thereon  shall  be  taken  into  account. 
■{As  amended  hy  L.  1909,  cli.  276,  andZ.  1911,  ch.  581.] 


OTHER   LAWS   RELATING    TO    THE   TTNIVERSITY  305 

§  13.  Acquisition  of  additional  real  property.  When 
any  corporation,  except  a  life  insurance  corporation,  shall  have 
sold  or  conveyed  any  part  of  its  real  property,  the  supreme  court 
may,  notwithstanding  any  restriction  of  a  general  or  special  law, 
authorize  it  to  purchase  and  hold  from  time  to  time  other  real 
property,  upon  satisfactory  proof  that  the  value  of  the  property 
so  purchased  does  not  exceed  the  value  of  the  property  so  sold 
and  conveyed  within  the  three  years  next  preceding  the 
application. 

§  34.  Quorum  of  directors  and  poivers  of  majority. 

The  affairs  of  every  corporation  shall  be  managed  by  its  board 
of  directors,  at  least  one  of  whom  shall  be  a  resident  of  this  state. 
Unless  otherwise  provided  a  majority  of  the  board  of  directors 
of  a  corporation  at  a  meeting  duly  assembled  shall  be  necessary 
to  constitute  a  quorum  for  the  transaction  of  business  and  the 
act  of  a  majority  of  the  directors  present  at  a  meeting  at  which 
a  quorum  is  present  shall  be  the  act  of  the  board  of  directors. 
The  members  of  a  corporation  may  in  by-laws  fix  the  number 
of  directors  necessary  to  constitute  a  quorum  at  a  number  less 
than  a  majority  of  the  board,  but  at  least  equal  to  one-third  of  its 
number.  Subject  to  the  by-laws,  if  any,  adopted  by  members  of 
a  corporation,  the  directors  may  make  necessary  by-laws  of  the 
corporation. 

§  300.  Application  of  preceding  articles  to  certain 
corporations.  Articles  fifth,  sixth  or  seventh  of  this  chapter 
do  not  apply  to  a  religious  corporation;  or  to  a  municipal  or 
other  political  corporation,  created  by  the  constitution,  or  by  or 
under  the  laws  of  this  state;  or  to  any  corporation  which  the 
regents  of  the  university  have  power  to  dissolve,  except  upon  the 
application  of  the  regents,  or  of  the  trustees  of  such  a  corporation ; 
and  in  aid  of  its  liquidation  under  such  dissolution. 

§  306.  A  receiver  of  the  property  of  a  corporation  can  be  ap- 
pointed only  by  the  court,  and  in  one  of  the  following  cases : 

1.  An  action,  brought  as  prescribed  in  article  fifth,  sixth  or 
seventh  of  this  chapter. 

2.  An  action  brought  for  the  foreclosure  of  a  mortgage  upon 
the  property,  of  which  the  receiver  is  appointed,  where  the  mort- 
gage debt,  or  the  interest  thereupon,  has  remained  impaid  at  least 
thirty  days  after  it  was  payable,  and  after  payment  thereof  was 
duly  demanded  of  the  proper  officer  of  the  corporation  and 
where  either  the  income  of  the  property  is  specifically  mortgaged, 


306  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

or  tho  property  itself  is  probably  insufficient  to  pay  the  mort- 
gage debt. 

3.  An  action  brought  by  the  attorney-general,  or  by  a  stock- 
holder, to  preserve  the  assets  of  a  corporation,  having  no  officer 
empowered  to  hold  the  same. 

4.  A  special  proceeding  for  the  voluntary  dissolution  of  a  cor- 
poration. 

5.  Upon  the  application  of  the  regents  of  the  university,  in 
aid  of  the  liquidation  of  a  corporation  whose  dissolution  they  con- 
template or  have  decreed;  or  upon  the  application  of  the  trustees 
of  such  a  corporation,  with  notice  to  the  regents. 

Where  the  receiver  is  appointed  in  an  action,  otherwise  than  by 
or  pursuant  to  a  final  judgment,  notice  of  the  application  for  his 
appointment  must  be  given  to  the  proper  officer  of  the  corporation. 

II.    GIFTS,    DEVISES    AND    BEQUESTS    FOR 
EDUCATIONAL  USES 

1.  Portion  of  Estate  to  be  Devised  or  Be- 
queathed 

Decedent's  Estate  Law  (L.  1909,  ch.  18) 

§  17.  Devise  or  bequest  to  certain  societies,  asso- 
ciations and  corporations.  No  person  having  a  husband, 
wife,  child  or  parent,  shall,  by  his  or  her  last  will  and  testament, 
devise  or  bequeath  to  any  benevolent,  charitable,  literary,  scien- 
tific, religious  or  missionary  society,  association  or  corporation, 
in  trust  or  otherwise,  more  than  one  half  part  of  his  or  her  estate, 
after  the  payment  of  his  or  her  debts,  and  such  devise  or  bequest 
shall  be  valid  to  the  extent  of  one  half,  and  no  more. 

For  the  purpose  of  ascertaining  the  estate,  only  half  of  which  can  be 
devised  to  charitable  or  educational  corporations,  under  the  act  of  1860, 
the  widow's  dower  and  the  debts  are  to  be  first  deducted. 

A  testator  can  not  give  to  two  or  more  corporations  in  the  aggregate  more 
than  he  can  give  to  a  single  object;  viz.,  one-half  of  his  estate  (Chamberlain 
V.  Chamberlain,  43  N.  Y.  425). 

To  ascertain  whether  the  sums  bequeathed  to  charitable  corporations  exceed 
one-half  the  estate,  when  the  sums  so  bequeathed  are  first  given  for  life 
to  other  persons,  the  present  value  in  money  of  the  estate  and  the  present 
value  of  the  portion  given  must  be  estimated  by  the  help  of  annuity  tables 
(Hollis  V.  Drew  Theological  Seminary,  9o  N.  Y.  166).  Heirs  at  law  of  a 
testator,  however  remote  their  relationship  may  be,  are  entitled  to  raise  the 
objection  that  a  devise  or  bequest  is  invalid  under  the  act  of  1860  (Rich  v. 
Tiiffany,  2  App.  Div.  25). 


OTHER    LAWS    RELATING    TO    THE    UNIVERSITY  307 

2.  Gifts  and  Bequests  Authorized 

Personal  Property  Law  (L.  1909,  ch.  45) 

§  12.  Gifts  and  bequests  of  personal  property  for 
charitable  purposes.  1.  'No  gift,  grant,  or  bequest  to  re- 
ligious, educational,  charitable,  or  benevolent  uses,  which  shall 
in  other  respects  be  valid  under  the  laws  of  this  state,  shall  be 
deemed  invalid  bj  reason  of  the  indefiniteness  or  uncertainty  of 
the  persons  designated  as  the  beneficiaries  thereunder  in  the 
instrument  creating  the  same.  If  in  the  instrument  creating 
such  a  gift,  grant,  or  bequest  there  is  a  trustee  named  to  execute 
the  same,  the  legal  title  to  the  property  ^iven,  granted,  or  be- 
queathed for  such  purposes  shall  vest  in  such  trustee.  If  no 
person  be  named  as  trustee  then  the  title  to  such  property  shall 
vest  in  the  supreme  court. 

2.  The  supreme  court  shall  have  control  over  gifts,  grants 
and  bequests  in  all  cases  provided  for  by  subdivision  one  of  this 
section,  and,  whenever  it  shall  appear  to  the  court  that  circum- 
stances have  so  changed  since  the  execution  of  an  instrument 
containing  a  gift,  grant  or  bequest  to  religious,  educational, 
charitable  or  benevolent  uses  as  to  render  impracticable  or  im- 
possible a  literal  compliance  with  the  terms  of  such  instrument, 
the  court  may,  upon  the  application  of  the  trustee  or  of  the  person 
or  corporation  having  the  custody  of  the  property,  and  upon  such 
notice  as  the  court  shall  direct,  make  an  order  directing  that  such 
gift,  grant  or  bequest  shall  be  administered  or  expended  in  such 
manner  as  in  the  judgment  of  the  court  will  most  effectually  ac- 
complish the  general  purpose  of  the  instrument,  without  regard 
to  and  free  from  any  specific  restriction,  limitation  or  direction 
contained  therein ;  provided,  however,  that  no  such  order  shall  be 
made  without  the  consent  of  the  donor  or  grantor  of  the  property, 
if  he  be  living.     [As  amended  hy  L.  1909,  ch.  144,  §  1.] 

3.  The  attorney-general  shall  represent  the  beneficiaries  in  all 
such  cases,  and  it  shall  be  his  duty  to  enforce  such  trusts  by  proper 
proceedings  in  the  courts. 

4.  [Subdivision  added  by  L.  1911,  ch.  220,  relates  to  contribu- 
tions to  funds  for  charitable  or  benevolent  purposes.] 

This  section  can  have  no  retroactive  force  and  does  not  apply  to  a  case  where 
the  property  had.  bv  the  death  of  the  testator,  vested  before  the  statute  went 
into  effect  (Butler  v.  Trustees.  92  Hun,  96;  People  v.  Powers,  147  N.  Y.  109; 
Simmons  tl.  Burrell,  8  Misc.  Rep.  395). 


308  NEW  YORK  STATE  EDUCATIOlS'  DEPARTMENT 

§  13.  Certain  educational  and  other  charitable 
uses  authorized.  1.  Personal  property  may  be  granted,  be- 
queathed, and  conveyed  to  any  incorporated  college  or  otber 
literary  incorporated  institution  in  this  state,  to  be  held  in  trust 
for  any  one  or  more  of  the  following  purposes: 

(1).  To  establish  and  maintain  an  observatory; 

(2).  To  found  and  maintain  professorships  and  scholarships; 

(3).  To  provide  and  keep  in  repair  a  place  for  the  burial  of 
the  dead ;  or 

(4).  For  any  other  specific  purposes  comprehended  in  the 
general  objects  authorized  by  their  respective  charters. 

The  said  trusts  may  be  created,  subject  to  such  conditions  and 
visitations  as  may  be  prescribed  by  the  grantor  or  donor,  and 
agreed  to  by  said  trustees,  and  all  property  which  shall  hereafter 
be  granted  to  any  incorporated  college  or  other  literary  incorpo- 
rated institution  in  trust  for  any  of  the  aforesaid  purposes,  may 
be  held  by  such  college  or  institution  upon  such  trusts,  and  sub- 
ject to  such  conditions  and  visitations  as  may  be  prescribed  and 
agreed  to  as  aforesaid. 

'2.  Personal  estate  may  be  granted,  bequeathed,  and  conveyed 
to  the  corporation  of  any  city  or  village  of  this  state,  to  be  held 
in  trust  for  any  purpose  of  education,  or  the  diffusion  of  knowl- 
edge, or  for  the  relief  of  distress,  or  for  parks,  gardens,  or  other 
ornamental  grounds,  or  grounds  for  the  purposes  of  military 
parades  and  exercise,  or  health  and  recreation,  within  or  near 
such  incorporated  city  or  village,  upon  such  conditions  as  may 
be  prescribed  by  the  grantor  or  donor,  and  agreed  to  by  such  cor- 
poration. 

3.  Personal  estate  may  be  granted,  or  bequeathed  to  commis- 
sioners of  common  schools  of  any  town,  and  to  trustees  of  any 
school  district,  in  trust  for  the  benefit  of  the  common  schools  of 
such  town,  or  for  the  benefit  of  the  schools  of  such  district. 

4.  The  trusts  authorized  by  this  section  may  continue  for  such 
time  as  may  be  necessary  to  accomplish  the  purposes  for  which 
they  may  be  created.- 

See  also  general  mimicipal  law,  §§  140-146. 

The  acts  of  1840  and  1841  authorizing  charitable  and  educational  corpora- 
tions to  take  property  in  trust  without  any  expressed  limit,  are  not  to  be 
construed  as  extending  the  capacity  to  take  (if)  by  their  charters  (they  are) 
limited  to  a  fixed  sum  (Chamberlain  v.  Chamberlain,  43  N.  Y.  425). 


OTHER   LAWS    RELATING    TO    THE   UNIVERSITY  309 

§  14.  Certain  gifts  for  charitable  and  educational 
uses  regulated.  1.  Any  person  desiring,  in  his  lifetime,  to 
promote  the  public  welfare  by  founding,  endowing  and  having 
maintained  a  public  library,  museum  or  other  educational  insti- 
tutions, or  a  chapel  and  crematory,  within  this  state,  may  to  that 
end  and  for  such  purposes  by  grant,  in  writing,  convey  to  a 
trustee,  or  any  number  of  trustees,  named  in  such  grant,  and  to 
their  successors,  any  personal  property  belonging  to  such 
person. 

3.  Grants  and  Devises  Authorized 

Real  Property  Law  {L.  1909,  ch.  52) 

§  113.  Grants  and  devises  of  real  property  for 
charitable  purposes.  1.  IsTo  gift,  grant,  or  devise  to  religious, 
educational,  charitable  or  benevolent  uses,  which  shall  in  other 
respects  be  valid  under  the  laws  of  this  state,  shall  be  deemed 
invalid  by  reason  of  the  indefiniteness  or  uncertainty  of  the  per- 
sons designated  as  the  beneficiaries  thereunder  in  the  instrument 
creating  the  same.  If  in  the  instrument  creating  such  a  gift, 
grant,  or  devise  there  is  a  trustee  named  to  execute  the  same,  the 
legal  title  to  the  lands  or  property  given,  granted,  or  devised  for 
such  purposes  shall  vest  in  such  trustee.  If  no  pierson  be  named  as 
trustee  then  the  title  to  such  lands  or  property  shall  vest  in  the 
supreme  court. 

2.  The  supreme  court  shall  have  control  over  gifts,  grants  and 
devises  in  all  cases  provided  for  by  subdivision  one  of  this  section, 
and  whenever  it  shall  appear  to  the  court  that  circumstances  have 
so  changed  since  the  execution  of  an  instrument  containing  a 
gift,  grant  or  devise  to  religious,  educational,  charitable  or  benevo- 
lent uses  as  to  render  impracticable  or  impossible  a  literal  com- 
pliance with  the  terms  of  such  instrument,  the  court  may,  upon 
the  application  of  the  trustee  or  of  the  person  or  corporation 
having  the  custody  of  the  property,  and  upon  such  notice  as  the 
court  shall  direct,  make  an  order  directing  that  such  gift,  grant 
or  devise  shall  be  administered  or  expended  in  such  manner  as 
in  the  judgment  of  the  court  will  most  effectually  accomplish  the 
general  purpose  of  the  instrument,  without  regard  to  and  free 
from  any  specific  restriction,  limitation  or  direction  contained 
therein ;  provided,  however,  that  no  such  order  shall  be  made  with- 


310  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

out  the  consent  of  the  donor  or  grantor  of  the  property,  if  he  be 
living.     [As  amended  hy  L.  1909,  cli.  144,  §  2.] 

3.  The  attorney-general  shall  represent  the  beneficiaries  in  all 
such  cases,  and  it  shall  be  his  duty  to  enforce  such  trusts  by  proper 
proceedings  in  the  courts. 

This  ■section  can  have  no  retroactive  force  and  does  not  apply  to  a  case 
where  the  property  had,  by  the  death  of  the  testator,  vested  before  the  statute 
went  into  effect  (Butler  v.  Trustees,  92  Hun,  96;  People  v.  Powers,  147 
N.  Y.  109;  Simmons  v.  Burrell,  8  Misc.  Rep.  395). 

Real  Property  Law 

§  114.  Certain  educational  and  other  charitable 
uses  authorized.  1.  Eeal  property  may  be  granted,  devised, 
and  conveyed  to  any  incorporated  college  or  other  literary  incor- 
porated institution  in  this  state,  to  be  held  in  trust  for  any  one  or 
more  of  the  following  purposes : 

(1)  To  establish  and  maintain  an  observatory; 

(2)  To  found  and  maintain  professorships  and  scholarships; 

(3)  To  provide  and  keep  in  repair  a  place  for  the  burial  of  the 
dead;  or 

(4)  For  any  other  specific  purposes  comprehended  in  the  gen- 
eral objects  authorized  by  their  respective  charters. 

The  said  trusts  may  be  created,  subject  to  such  conditions  and 
visitations  as  may  be  prescribed  by  the  grantor  or  donor,  and 
agreed  to  by  said  trustee,  and  all  property  which  shall  hereafter 
be  granted  to  any  incorporated  college  or  other  literary  incor- 
porated institution  in  trust  for  any  of  the  aforesaid  purposes,  may 
be  held  by  such  college  or  institution  upon  such  trusts,  and  sub- 
ject to  such  conditions  and  visitations  as  may  be  prescribed  and 
agreed  to  as  aforesaid. 

2.  Real  estate  may  be  granted,  devised,  and  conveyed  to  the 
corporation  of  any  city  or  village  of  this  state,  to  be  held  in 
trust  for  any  purpose  of  education,  or  the  diffusion  of  knowledge, 
or  for  the  relief  of  distress,  or  for  parks,  gardens,  or  other  orna- 
mental grounds,  or  grounds  for  the  purposes  of  military  parades 
and  exercise,  or  health  and  recreation,  within  or  near  such  incor- 
porated city  or  village,  upon  such  conditions  as  may  be  prescribed 
by  the  grantor  or  donor,  and  agreed  to  by  such  corporation;  and 
all  real  estate  so  granted  or  conveyed  to  such  corporation  may  be 
held  by  the  same,  subject  to  such  conditions  as  may  be  prescribed 
and  agreed  to  as  aforesaid. 


OTHER   LAWS   RELATING    TO    THE    UNIVERSITY  311 

3.  Real  estate  may  be  granted  or  devised,  to  commissioners  of 
common  schools  of  any  town,  and  to  trustees  of  any  school  district, 
in  trust  for  the  benefit  of  the  common  schools  of  such  town,  or 
for  the  benefit  of  the  schools  of  such  district. 

4.  The  trusts  authorized  by  this  section  may  continue  for  such 
time  as  may  be  necessary  to  accomplish  the  purposes  for  which 
they  may  be  created. 

See  also  general  municipal  law,  §§  140-146. 

The  acts  of  1840  and  1841  authorizing  charitable  and  educational  corpora- 
tions to  take  property  in  trust  without  any  expressed  limit,  are  not  to  be 
construed  as  extending  the  capacity  to  take  [if]  by  their  charters  [they 
are]  limited  to  a  fixed  sum  (Chamberlain  v.  Chamberlain,  43  N.  Y.  425). 

§  115.  Certain  grants  for  cliaritable  uses  regulated. 

Any  person  desiring,  in  his  lifetime,  to  promote  the  public  welfare 
by  founding,  endowing  and  having  maintained  a  public  library, 
museum  or  other  educational  institutions,  or  a  chapel  and  crema- 
tory within  this  state,  may  to  that  end  and  for  such  purposes  by 
grant,  in  writing,  convey  to  a  trustee,  or  any  number  of  trustees, 
named  in  such  grant  and  to  their  successors,  any  real  property,  be- 
longing to  such  person,  and  situated  or  being  within  this  state.   .,  . 

4.    Accumulation    for    Use    of    Educational 
Corporations 

Personal  Property  Law  (L.  1909,  ch.  45) 
§    16.   Validity  of   directions   for  accumulation   of 
income.     An  accumulation  of  the  income  of  personal  property, 
directed  by  any  instrument  sufficient  in  law  to  pass  such  property 
is  valid : 

1.  If  directed  to  commence  from  the  date  of  the  instrument,  or 
the  death  of  the  person  executing  the  same,  and  to  be  made  for 
the  benefit  of  one  or  more  minors,  then  in  being,  or  it  being  at 
such  death,  and  to  terminate  at  or  before  the  expiration  of  their 
minority. 

2.  If  directed  to  commence  at  any  period  subsequent  to  the 
date  of  the  instrument  or  subsequent  to  the  death  of  the  person 
executing  it,  and  directed  to  commence  within  the  time  allowed 
for  the  suspension  of  the  absolute  ownership  of  personal  property, 
and  at  some  time  during  the  minority  of  the  persons  for  whose 
benefit  it  is  intended,  and  to  terminate  at  or  before  the  expiration 
of  their  minority. 

3.  All  other  directions  for  the  accumulation  of  the  income  of 
personal  property,  not  authorized  by  statute,  are  void.    In  either 


312  NEW  YORK  STATE  EDUCATIOIT  DEPARTMENT 

case  mentioned  in  subdivisions  one  and  two  of  this  section  a 
direction  for  any  such  accumulation  for  a  longer  term  than  the 
minority  of  the  persons  intended  to  be  benefited  thereby,  has  the 
same  effect  as  if  limited  to  the  minority  of  such  persons,  and  is 
void  as  respects  the  time  beyond  such  minority. 

Provided  that,  the  income  arising  from  any  personal  property 
granted  or  conveyed,  or  bequeathed,  in  trust  to  any  incorporated 
college  or  other  incorporated  literary  institution,  for  any  of  the 
purposes  specified  in  section  thirteen  of  this  chapter,  or  for  the 
purpose  of  providing  for  the  maintenance  of  any  teacher  in  a 
grammar  school  or  institute,  may  be  permitted  to  accumulate 
until  the  same  shall  amount  to  a  sum  sufficient,  in  the  opinion 
of  the  regents  of  the  university,  to  carry  into  effect  any  of  the 
charitable  uses  and  trusts  mentioned  in  either  section  thirteen 
of  this  chapter  or  in  this  paragraph  of  this  section. 

Provided,  if  any  of  the  principal  of  any  trust  fund  actually 
received  by  any  incorporated  college,  or  other  incorporated  literary 
institution,  or  by  the  corporation  of  any  city  or  village,  or  by  the 
commissioners  of  common  schools  of  any  town,  or  by  the  trustees 
of  any  school  district,  under  any  grant,  conveyance,  or  bequest, 
for  any  of  the  purposes  for  which  trusts  are  authorized  under 
section  thirteen  of  this  chapter,  shall  subsequently  become  dimin- 
ished from  any  cause,  such  diminution  may  be  made  up  by  the 
accumulation  of  the  interest  or  income  of  the  principal  of  such 
trust  fund,  in  accordance  with  the  directions,  if  any,  contained 
in  the  grant,  conveyance,  or  bequest  of  such  trust  fund;  and  if 
no  directions  for  that  purpose  are  contained  in  such  -grant,  con- 
veyance, or  bequest,  then  such  diminution  may  be  made  up  in 
whole  or  in  part  by  such  accumulation,  in  the  discretion  of  the 
trustees  of  such  trust  fund ;  but  in  no  case  shall  such  accumulation 
be  allowed  to  increase  the  trust  fund  beyond  the  true  amount  or 
value  thereof,  actually  received  by  the  trustees,  to  be  estimated 
after  the  deduction  of  all  liens  and  incumbrances  on  such  trust 
fund,  and  of  all  expenses  incurred  or  paid  by  the  trustees  in  the 
collection  or  obtaining  the  possession  of  the  same. 

Real  Property  Law  (L.  1909,  ch.  52)" 

§  61.  Accumulations.  All  directions  for  the  accumula- 
tion of  the  rents  and  profits  of  real  property,  except  such  as  are 
allowed  by  statute,  shall  be  void.    An  accumulation  of  rents  and 


OTHER   LAWS    RELATING    TO    THE   UNIVERSITY  313 

profits  of  real  property,  for  the  benefit  of  one  or  more  persons, 
may  be  directed  by  any  will  or  deed  sufficient  to  pass  real  prop- 
erty, as  follows: 

1.  If  such  accumulation  be  directed  to  commence  on  the  creation 
of  the  estate  out  of  which  the  rents  and  profits  are  to  arise,  it 
must  be  made  for  the  benefit  of  one  or  more  minors  then  in  being, 
and  terminate  at  or  before  the  expiration  of  their  minority. 

2.  If  such  accumulation  be  directed  to  commence  at  any  time 
subsequent  to  the  creation  of  the  estate  out  of  which  the  rents  and 
profits  are  to  arise,  it  must  commence  within  the  time  permitted, 
by  the  provisions  of  this  article,  for  the  vesting  of  future  estates, 
and  during  the  minority  of  the  beneficiaries,  and  shall  terminate 
at  or  before  the  expiration  of  such  minority. 

3.  If  in  either  case,  hereinbefore  provided  for,  such  direction 
be  for  a  longer  term  than  during  the  minority  of  the  beneficiaries, 
it  shall  be  void  only  as  to  the  time  beyond  such  minority. 

Provided,  that  the  income  arising  from  any  real  property 
granted,  conveyed,  or  devised  in  trust  to  any  incorporated  college 
or  other  incorporated  literary  institution  for  any  of  the  purposes 
specified  in  section  one  hundred  and  fourteen  of  this  chapter,  or 
for  the  purpose  of  providing  for  the  support  of  any  teacher  in 
a  grammar  school  or  institute,  may  be  permitted  to  accumulate 
until  the  same  shall  amount  to  a  sum  sufficient,  in  the  opinion  of 
the  regents  of  the  university,  to  carry  into  effect  any  of  the  chari- 
table uses  and  trusts  mentioned  either  in  section  one  hundred  and 
fourteen  of  this  chapter  or  in  this  paragraph  of  this  section. 

Provided,  if  any  of  the  principal  of  any  trust  fund  actually 
received  by  any  incorporated  college,  or  other  incorporated  literary 
institution,  or  by  the  corporation  of  any  city  or  village,  or  by  the 
commissioners  of  common  schools  of  any  town,  or  by  the  trustees 
of  any  school  district,  under  any  grant,  conveyance,  or  devise, 
for  any  of  the  purposes  for  which  trusts  are  authorized  under 
section  one  hundred  and  fourteen  of  this  chapter,  shall  subse- 
quently become  diminished  from  any  cause,  such  diminution  may 
be  made  up  by  the  accumulation  of  the  interest  or  income  of 
the  principal  of  such  trust  fund,  in  accordance  with  the  directions, 
if  any,  contained  in  the  grant,  conveyance  or  devise  of  any  such 
trust  fund;  and  if  no  directions  for  that  purpose  are  contained 
in  such  grant,  conveyance  or  devise,  then  such  diminution  may  be 
made  up  in  whole  or  in  part  by  such  accumulation,  in  the  discre- 
tion of  the  trustees  of  such  trust  fund ;  but  in  no  case  shall  such 


314:  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

acciiin-ulation  be  allowed  to  increase  the  trust  fund,  beyond  the 
true  amount  or  value  thereof,  actually  received  by  the  trustees, 
to  be  estimated  after  the  deduction  of  all  liens  and  incumbrances 
on  such  trust  fund,  and  of  all  expenses  incurred  or  paid  by  the 
trustees  in  the  collection  or  obtaining  the  possession  of  the  same. 

5.  Transfer  Tax  on  Devises  and  Bequests 

Tax  Law  (L.  1909,  ch.  62) 

§  221.  Exceptions  and  limitations.  Any  property  de- 
vised or  bequeathed  to  any  person  who  is  a  bishop  or  to  any 
religious,  educational,  charitable,  missionary,  benevolent,  hospital 
or  infirmary  corporation,  including  corporations  organized  ex- 
clusively for  bible  or  tract  purposes,  shall  be  exempted  from  and 
not  subject  to  the  provisions  of  this  article.  There  shall  also  be 
exempted  from  and  not  subject  to  the  provisions  of  this  article 
personal  property  other  than  money  or  securities  bequeathed  to  a 
corporation  or  association  wherever  incorporated  or  located,  or- 
ganized exclusively  for  the  moral  or  mental  improvement  of  men 
or  women  or  for  scientific,  literary,  library,  patriotic,  cemetery  or 
historical  purposes  or  for  the  enforcement  of  laws  relating  to 
children  or  animals  or  for  two  or  more  of  such  purposes  and  used 
exclusively  for  carrying  out  one  or  more  of  such  purposes.  But 
no  such  corporation  or  association  shall  be  entitled  to  such  ex- 
emption if  any  officer,  member  or  employee  thereof  shall  receive 
or  may  be  lawfully  entitled  to  receive  any  pecuniary  profit  from 
the  operations  thereof  except  reasonable  compensation  for  services 
in  effecting  one  or  more  of  such  purposes  or  as  proper  beneficiaries 
of  its  strictly  charitable  purposes;  or  if  the  organization  thereof 
for  any  such  avowed  purpose  be  a  guise  or  pretense  for  directly  or 
indirectly  making  any  other  pecuniary  profit  for  such  corporation 
or  association  or  for  any  of  its  members  or  employees  or  if  it  be 
not  in  good  faith  organized  or  conducted  exclusively  for  one  or 
more  of  such  purposes.      [Amended  by  L.  1911,  ch.  732.] 

III.  LIBRARIES  AND  STATE  MUSEUM 

Insanity  Law  (L.  190'9,  ch.  32) 

§51.  .  .  Libraries  may  be  furnished  to  any  state  hospital  by 
the  regents  of  the  university  of  the  state  of  'New  York,  subject 


OTHER    LAWS    RELATING    TO    THE    UNIVERSITY  315 

to  regulations  adopted  bj  them  and  the  commission  [in  lunacy], 
the  expense  of  which  shall  be  included  in  the  monthly  estimates 
of  the  hospital.     .     . 

General  Municipal  Law  (L.  1909,  cJi.  29) 

§  79.  Free  public  libraries.  Any  municipal  corporation 
may  establish  and  maintain  a  free  public  library  or  museum  in 
accordance  with  the  library  provisions  of  sections  ten  hundred 
and  twenty-seven  to  ten  hundred  and  forty-four,  both  inclusive, 
of  education  law. 

See  also  education  law,  §§  453,  1045-51. 

Indian  Law  (L.  1909,  ch.  31) 

§  27.  The  university  of  the  state  of  l^ew  York,  which  was  duly 
elected  to  the  office  of  wampum-keeper  by  the  Onondaga  nation 
on  February  twenty-sixth,  eighteen  hundred  and  ninety-eight,  and 
which  by  unanimous  action  of  its  regents  on  March  twenty-second, 
eighteen  hundred  and  ninety-eight,  accepted  such  election  as 
authorized  to  do  by  law,  and  which  accepted  the  custody  of  the 
wampums  as  formally  transferred  to  the  chancellor  as  part  of 
the  exercises  and  with  the  unanimous  approval,  both  of  the  election 
and  transfer,  by  the  council  of  the  Five  Nations  held  in  the 
senate  chamber  of  the  capitol  at  Albany  on  June  twenty-second, 
eighteen  hundred  and  ninety-eight,  by  duly  chosen  representatives 
of  all  the  original  nations  of  the  Ho-de-no-sau-nee,  shall  hereafter 
be  recognized  in  all  courts  and  places,  as  having  every  power 
which  has  ever,  at  any  time,  been  exercised  by  any  wampum- 
keeper  of  the  Onondaga  nation,  or  of  any  of  the  Ho-de-no-sau-nee, 
otherwise  known  as  the  Five  IsTations,  or  the  Six  Illations,  or  the 
Iroquois,  and  shall  keep  such  wampums  in  a  fireproof  building, 
as  public  records,  forever,  and  is  hereby  authorized  to  secure 
by  purchase,  suit,  or  otherwise,  any  wampums  which  have  ever 
been  in  the  possession  of  any  of  the  Ho-de-no-sau-nee,  or  any 
preceding  wampum-keeper,  and  which  are  now  owned  by  any 
of  them  or  to  which  any  of  them  is  entitled,  or  to  which  it  is 
entitled,  in  law  or  in  equity;  and  to  maintain  and  carry  on  suit 
to  recover  any  of  such  wampums  in  its  own  name  or  in  the  name 
of  the  Onondaga  nation  at  any  time  notwithstanding  that  the 
cause  of  action  may  have  accrued  more  than  six  years,  or  any 
time,  before  the  commencement  of  any  such  suit. 


316  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

The  provisions  of  this  section  shall  not  apply  to  the  subject 
matter  of  any  litigation  pending  on  March  twenty-seventh, 
eighteen  hundred  and  ninety-nine,  in  any  court  of  this  state. 

Forest,  Fish  and  Game  Law  (L.  1909,  ch.  24) 

§  101.  Certificate  to  collect  for  scientific  purposes. 

A  certificate  may  be  issued  by  the  commission,  to  any  person 
upwards  of  eighteen  years  of  age,  permitting  the  holder  thereof  to 
collect  birds,  birdsi'  nests  or  eggs  for  scientific  purposes.  Before 
such  certificate  is  issued,  the  applicant  must  file  written  testi- 
monials from  two  well  known  scientific  ornithologists  certifying 
to  his  good  character  and  fitness  to  be  intrusted  with  the  privilege. 
Every  applicant  except  an  officer  of  the  'New  York  State  Museum, 
must  pay  one  dollar  for  the  expense  of  issuing  the  certificate,  and 
must  file  a  bond  in  the  penal  sum  of  two  hundred  dollars  with 
two  responsible  sureties  to  be  approved,  by  the  commission,  con- 
ditioned that  he  will  not  violate  the  provisions  of  this  chapter  or 
avail  himself  of  the  privileges  of  said  certificate  for  other  than 
scientific  purposes.  Persons  receiving  such  certificate  must  re- 
port the  result  of  collections  made  thereunder  annually  to  the 
commissioner,  at  the  expiration  of  the  license.  Such  a  certificate 
shall  be  in  force  for  one  year  only  from  the  date  of  issue  and 
shall  not  be  transferable. 

IV.     SUPERVISOR     OF     PUBLIC     RECORDS 
AND  STATE  HISTORIAN 

L.  1911,  ch,  380 

AN  ACT  relating  to  public  records  and  historical  documents,  creating  the 
office  of  supervisor  of  public  records  and  transferring  said  office  and  the 
office  of  state  historian  to  the  education  department. 

§  1.  Office  of  supervisor  of  public  records  created. 

The  office  of  supervisor  of  public  records  is  hereby  created.  Within 
ten  days  after  this  act  takes  effect,  the  governor  shall  appoint  a 
person  to  fill  such  office. 

§  2.  Duties.  The  supervisor  of  public  records  shall  examine 
into  the  condition  of  the  records,  books,  pamphlets,  documents, 
manuscripts,  archives,  maps  and  papers  kept,  filed  or  recorded,  or 
hereafter  to  be  kept,  filed  or  recorded  in  the  several  public  offices 
of  the  counties,  cities,  towns,  villages  or  other  political  divisions  of 


OTHER   LAWS   RELATING   TO    THE    UNIVERSITY  3l7 

the  state,  and  all  other  public  records,  books,  pamphlets,  documents, 
manuscripts,  archives,  maps  and  papers  heretofore  or  hereafter 
required  by  law  to  be  kept  by  any  public  body,  board,  institution 
or  society,  created  under  any  law  of  the  state  in  said  counties, 
cities,  towns,  villages  or  other  political  divisions  of  the  state,  ex- 
cept where  the  same  conflicts  with  the  present  duties  and  oflice 
of  the  commissioner  of  records  in  the  county  of  Kings  and  the 
commissioner  of  records  in  the  county  of  'New  York. 

§  3.  Division  of  public  records  and  division  of  his- 
tory in  the  education  department.  1.  On  the  first  day  of 
October,  nineteen  hundred  and  eleven,  the  regents  shall  organize 
in  the  education  department  a  division  of  public  records  and  also 
a  division  of  history.  The  supervisor  of  public  records  shall 
become  the  chief  of  the  division  of  public  records  and  the  state 
historian  shall  become  the  chief  of  the  division  of  history.  The 
clerks  and  employees  in  such  offices  shall  become  clerks  and  em- 
ployees in  their  respective  divisions  in  the  education  department. 
Such  divisions  and  the  employees  thereof  shall  be  subject  to  the 
same  provisions  of  law  and  rules  as  the  other  divisions  and  em- 
ployees of  the  education  department.  2.  All  books,  pamphlets, 
papers,  records,  correspondence,  letters,  files,  archives,  maps,  manu- 
scripts and  other  documents  and  property  belonging  to  or  per- 
taining to  the  office  of  the  state  historian  or  the  office  of  the 
supervisor  of  public  records  shall  on  the  first  day  of  October, 
nineteen  hundred  and  eleven,  be  transferred  to  the  education  de- 
partment. 

§  4.  Functions  of  the  division  of  history.  It  shall  be 
the  function  of  the  division  of  history,  subject  to  the  regulations 
of  the  regents,  to  collect,  collate,  compile,  edit  and  prepare  for 
publication  all  official  records,  memoranda  and  data  relative  to 
the  colonial  wars,  war  of  the  revolution,  war  of  eighteen-  hundred 
and  twelve,  Mexican  war  and  war  of  the  rebellion,  together  with 
all  official  records,  memoranda  and  statistics  affecting  the  relations 
between  this  commonwealth  and  foreign  powers,  between  this 
state  and  other  states  and  between  this  state  and  the  United  States. 

§  5.  Powers  of  regents.  1.  The  education  department, 
pursuant  to  the  education  law,  shall,  on  and  after  October  first, 
nineteen  hundred  and  eleven,  have  general  and  exclusive  super- 
vision, care,  custody,  and  control  of  all  public  records,  books,  pam- 
phlets, documents,  manuscripts,  archives,  maps  and  papers  of  any 
public  office,  body,  board,  institution  or  society  now  extinct,  or 


318  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

hereafter  becoming  extinct,  the  supervision,  care,  custody  and  con- 
trol of  which  are  not  already  or  shall  not  hereafter  be  otherwise 
provided  for  by  law.  2.  Such  department  shall  take  such  action 
as  may  be  necessary  to  put  the  records  hereinabove  specified^  except 
as  aforesaid,  in  the  custody  and  condition  contemplated  by  the 
various  laws  relating  thereto  and  shall  provide  for  their  restora- 
tion and  preservation,  and  cause  copies  thereof  to  be  made 
whenever  by  reason  of  age,  use,  exposure  or  any  casualty,  such 
copies  shall  in  their  judgment  be  necessary.  Whenever  such  a 
copy  is  made,  and  after  it  has  been  compared  with  the  original, 
it  shall  be  certified  by  the  official,  person,  board  or  officer  having 
the  legal  custody  and  control  of  said  original,  and  shall  thereafter 
be  considered  and  accepted  as  evidence  and,  for  all  other  purposes, 
the  same  as  the  original  could  be ;  provided  that  the  original  shall 
be  thereafter  cared  for  and  preserved,  the  same  as  if  no  such  copy 
had  been  made,  for  such  examination  as  may  be  directed  by  an 
order  of  court  in  any  action  or  proceeding  in  which  the  accuracy  of 
the  copy  is  questioned.  3.  The  officers  of  any  county,  city,  town 
or  village  or  other  political  division  of  the  state  or  of  any  institu- 
tion or  society  created  under  any  law  of  the  state  may  transfer 
to  the  regents  records,  books,  pamphlets,  manuscripts,  archives, 
maps,  papers  and  other  documents  which  are  not  in  general  use, 
and  it  shall  be  the  duty  of  the  regents  to  receive  the  same  and  to 
provide  for  their  custody  and  preservation.  It  shall  also  be  unlaw- 
ful for  an  officer  of  such  political  division,  institution  or  society 
to  destroy  any  such  records,  books,  pamphlets,  manuscripts, 
archives,  maps,  papers  or  other  documents. 

§  6.  Expenditure  of  unappropriated  moneys.  All 
money  heretofore  appropriated  and  unexpended  on  the  first  day 
of  October,  nineteen  hundred  and  eleven,  for  the  salaries  and  ex- 
penses of  the  state  historian  and  the  supervisor  of  public  records, 
for  the  salaries  of  the  clerks  and  employees  in  such  offices  and  for 
the  expenses  incurred  or  to  be  incurred  in  the  performance  of  their 
official  duties  and  the  maintenance  of  their  offices  shall  be  expended 
under  the  direction  of  the  board  of  regents  and  the  commissioner 
of  education  in  the  same  manner  as  other  like  expenditures  for  the 
education  department. 

§  7.  Repeal.  All  acts  or  parts  of  acts  inconsistent  with  or  re- 
pugnant to  the  provisions  of  this  act  are  hereby  repealed. 

§  8.  This  act  shall  take  eifect  immediately. 


PBACTICE    OF    PROFESSIONS  319 

PRACTICE   OF  PROFESSIONS 

I.  Practice  of  law 
II.  Practice  of  medicine 

III.  Dental  societies  and  the  practice  of  dentistry 

IV.  Veterinary  medicine  and  surgery 
V.  Pharmacy 

VI.  Registration  of  nurses 
VII.  Optometry 
VIII.  Certified  public  accountants 
IX.  Certified  shorthand  reporters 

I.  PRACTICE  OF  LAW 

Judiciary  Law  (L.  1909,  ch.  35)  art.  15 

Section  460.  Examination  and  admission  of  attorneys. 

461.  State  board  of  law  examiners  continued. 

462.  Times  and  palaces  of  examinations. 

463.  Certification  by  state  board  of  successful  candidates. 

464.  Annual  account  by  state  board  of  law  examiners. 

465.  Fee  for  examinations. 

466.  Attorney's  oath  of  office. 

467.  Race  or  sex  no  bar  to  admission  to  practice. 

468.  Registration  of  attorneys  before  beginning  to  prac- 

tice. 

469.  Official  register  of  attorneys  to  be  kept  by  clerk  of 

court  of  appeals. 

470.  Attorneys  having  offices  in  this  state  may  reside  in 

adjoining  state. 

471.  Attorney  who  is  judge's  partner  or  clerk  prohibited 

from  practicing  before  him  or  in  his  court. 

472.  Attorney  who  is  surrogate's  father  or  son  prohibited 

from  practicing  before  him. 

473.  Sheriffs,  constables,  coroners,  criers  and  attendants 

prohibited  from  practicing  during  term  of  office. 

474.  Compensation  of  attorney  or  counsellor. 

475.  Attorney's  lien  in  action  or  special  proceeding. 

476.  Suspension  of  attorney  from  practice  must  be  on 

notice. 


320  NEW  YOKK  STATE  EDUCATION  DEPARTMENT 

Section   477.  Attorney  convicted  of  felony  shall  cease  to  be  at- 
torney. 

478.  Suspension  or  removal  of  attorney  effective  in  all 

courts. 

479.  Action  against  attorney  for  lending  his  nam©  in 

suits  and  against  person  using  name. 

§  460.  Examination  and  admission  of  attorneys.    A 

citizen  of  the  state,  of  full  age,  applying  to  be  admitted  to  practice 
as  an  attorney  or  counsellor  in  the  courts  of  record  of  the  state, 
must  be  examined  and  licensed  to  practice  as  prescribed  in  this 
chapter. 

§  461.  State  board  of  law  examiners  continued. 
The  state  board  of  law  examiners  is  continued.  Said  board  shall 
consist  of  three  members  of  the  bar^  of  at  least  ten  years'  stand- 
ing, who  shall  be  appointed,  from  time  to  time,  by  the  court  of 
appeals,  and  shall  hold  ofEce,  as  a  member  of  such  board  for  a 
term  of  three  years,  and  until  the  appointment  of  his  successor. 

§  462.  Times  and  places  of  examinations.  There  shall 
be  examinations  of  all  persons  applying  for  admission  to  practice 
as  attorneys  and  counsellors-at-law  at  least  twice  in  each  year  in 
each  judicial  department,  and  at  such  other  times  and  places  as 
the  court  of  appeals  may  direct. 

§  463.  Certification  by  state  board  of  successful 
candidates.  The  state  board  of  law  examiners  shall  certify 
to  the  appellate  division  of  the  supreme  court  of  the  department 
in  which  each  candidate  has  resided  for  the  past  six  months  every 
person  who  shall  pass  the  examination,  provided  such  person  shall 
have  in  other  respects  complied  with  the  rules  regulating  admis- 
sion to  practice  as  attorneys  and  counsellors,  which  fact  shall  be 
determined  by  said  board  before  examination. 

§  464.  Annual  account  by  state  board  of  law  exam- 
iners. The  state  board  of  law  examiners  shall  render  during 
the  month  of  January,  an  annual  account  of  all  their  receipts  and 
disbursements  to  the  court  of  appeals. 

§  465.  Fee  for  examinations.  Every  person  applying  for 
examination  for  admission  to  practice  as  an  attorney  and  coun- 
sellor-at-law  shall  pay  such  fee,  not  to  exceed  fifteen  dollars,  as 
may  be  fixed  by  the  court  of  appeals  as  necessary  to  cover  the 
cost  of  such  examination.     On  payment  of  one  examination  fee 


PBACTICE    OF    PROFESSIONS  321 

the  applicant  shajl  be  entitled  to  the  privilege  of  not  exceeding 
three  examinations. 

§  466.  Attorney's  oath  of  office.  Each  person,  admitted 
as  prescribed  in  this  chapter  must,  upon  his  admission,  take  the 
constitutional  oath  of  offiee  in  open  court.,  and  subscribe  the  same 
in  a  roll  or  book,  to  be  kept  in  the  office  of  the  clerk  of  thio  ap- 
pellate division  of  the  supreme  court  for  that  purpose. 

§  467.  Race  or  sex  no  bar  to  admission  to  practice. 
Race  or  sex  shall  constitute  no  cause  for  refusing  any  person  ex- 
amination or  admission  to  practice. 

§  468.  Registration  of  attorneys  before  beginning 
to  practice.  Every  person  who  is  hereafter  duly  licensed  and 
admitted  to  practice  as  an  attorney  and  counsellor-at-law  in  the 
courts  of  record  of  this  state  by  an  appellate  division  of  tbe 
supreme  court,  shall  subscribe  and  take  and  file  an  oath  or  affirma- 
tion which  must  be  substantially  in  the  following  form,  the  blanks 
being  properly  filled  before  he  begins  or  is  entitled  to  begin  to 
practice  for  another  as  an  attorney  and  counsellor-at-law  in  the 
courts  of  this  state  or  in  any  court  in  the  county  of  New  York  or 
in  the  county  of  Kings: 


State  of  E'ew  York] 
County,  J 


ss. 


I, ,  being  duly  sworn  (or  affirmed)  do  depose  and 

say  that  I  am  a  natural  bom  citizen  of  the  United  States   (if 
natura-lized,  state  when  and  where)  and  now  reside  at  ........ 

(or,  if  a  resident  of  an  adjoining  state  and  admitted  to  practice 
in  the  courts  of  record  of  this  state  and  whose  office  for  the  trans- 
action of  law  business  is  within  this  state,  state  the  fact),  that 
I  was  duly  and  regularly  licensed  and  admitted  to  practice  as  an 
attomey-at-law  or   as   an  attorney   and  counsellor-at-law  in  the 

courts  of  record  of  this  state  at  the term,  18 .... , 

of  the  general  term  (or  appellate  division)  of  the  supreme  court 

(or  other  court  as  the  case  may  be)  held  at and  that 

I  took  the  constitutional  oath  of  office. 

Subscribed  and  sworn  to  before  me, 
this day  of ,   189 

which  oath  or  affirmation  shall  be  filed  in  the  office  of  the  clerk 
of  the  court  of  appeals  by  the  person  making  the  same,  provided, 
nevertheless,  that  such  affidavit  or  affijTnation  may  state  that  the 
11 


322  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

deponent  or  affirmant  believes  that  he  took  the  constitutional  oath 
of  office  in  lien  of  stating  unqualifiedly  that  he  did  so,  where  the 
affidavit  or  affirmation  states,  or  in  substance  shows,  the  deponent's 
or  affirmant's  lack  of  positive  or  certain  recollection  of  having 
taken  such  oath,  or  shows  other  substantial  reason  for  thus  qual- 
ifying the  affidavit  or  affirmation  on  that  subject. 

If  any  attorney  or  counsellor-at-law  or  solicitor  in  chancery  or 
attorney  of  or  in  the  supreme  court  on  the  first  Monday  of  July, 
eighteen  hundred  and  forty-seven,  who  was  entitled  to  file  the  said 
oath  or  affirmation  under  the  provisions  of  laws  of  eighteen  hun- 
dred and  ninety-eight,  chapter  one  hundred  sixty-five,  as  amended, 
before  eTuly  first,  eighteen  hundred  and  ninety-nine,  has  failed  to 
do  so,  the  special  term  of  the  supreme  court  of  the  judicial  dis- 
trict where  such  'attorney-at-law  or  attorney  or  counsellor-at-law 
resides,  may,  upon  proof  by  affidavit  showing  reasonable  grounds 
therefor,  grant  an  order  permitting  the  app'licant  to  make  and 
file  the  oath  or  affirmation  required  herein,  with  the  same  effect 
as  if  the  same  had  been  made  and  filed  witJiin  the  time  above 
stated,  and  relieving  him  from  penalties  and  prosecutions  by 
reason  of  failure  to  make  and  file  such  oath  or  affirmation  within 
the  time  required. 

Every  person  filing  with  the  clerk  of  the  court  of  appeals  the 
oath  or  affirmation  hereinbefore  provided  shall  pay  to  the  said 
clerk  at  the  time  of  such  filing  the  sum  of  twenty-five  cents  to 
defray  the  necessary  disbursements  incurred  by  him  in  carrying 
out  the  provisions  of  this  article. 

A  person  who  practices  any  fraud  or  deceit  or  knowingly  makes 
any  false  statement  in  the  oath  or  affirmation  in  and  by  this^  sec- 
tion required  to  be  made  and  filed  is  guilty  of  felony. 

§  469.  Official  register  of  attorneys  to  be  kept  by 
clerk  of  court  of  appeals.  It  shall  be  the  duty  of  the  clerk 
of  the  court  of  appeals  to  file  in  his  office  the  said  oaths  or  affirma- 
tions aforesaid,  and  to  compile  the  statements  contained  therein, 
and  to  enter  therefrom  in  a  bound  book  or  volume  to  be  kept  by 
him  for  that  purpose,  which  shall  be  known  and  designated  as  and 
is  hereby  made  the  "  official  register  of  attorneys  and  counsellors- 
at-law  in  the  state  of  l^ew  York,"  in  the  alphabetical  order  of  the 
first  letter  of  their  surnames,  the  names  and  residences  and  the 
title  of  the  court,  and  the  time  and  place  where  admitted,  and  the 
date  the  oath  or  affirmation  aforesaid  was  filed,  of  all  persons  who 


PRACTICE    OF    PROFESSIONS  323 

have  filed  in  his  said  office  the  oath  or  affirmation  as  aforesaid, 
which  said  "  official  register  of  attorneys  and  counsellors-at-law 
in  the  state  of  New  York/'  is  hereby  declared  to  be  a  piublio 
record  and  presumptive  evidence  that  the  individuals  therein 
named  are  duly  registered  to  practice  as  attorneys  and  counsellor s- 
at-law  in  the  courts  of  record  of  this  state  or  in  any  court  in  the 
counties  of  New  York  and  Kings. 

§  470.  Attorneys  having  offices  in  this  state  may 
reside  in  adjoining  state.  A  person,  regularly  admitted  to 
practice  as  an  attoirney  and  counsellor,  in  the  courts  of  record  of 
the  state,  whose  office  for  the  transaction  of  law  business  is  within 
the  state,  may  practice  as  such  attorney  or  counsellor,  although 
he  resides  in  an  adjoining  state. 

§  471.  Attorney  ^ivho  is  judge's  partner  or  clerk 
prohibited  from  practicing  before  him  or  in  his 
court.  The  law  partner  or  clerk  of  a  judge  shall  not  practice 
before  him,  as  attorney  or  counsellor  in  any  cause,  or  be  em- 
ployed in  any  cause  which  originated  before  him.  A  law  partner 
of,  or  person  connected  in  law  business  with  a  judge,  shall  not 
practice  or  act  as  an  attorney  or  counsellor,  in  a  court,  of  which 
the  judge  is,  or  is  entitled  to  act  as  a  member,  or  in  a  cause 
originating  in  that  court;  except  where  the  latter  is  a  member  of 
a  court,  ex-officio,  and  does  not  officiate  or  take  part,  a.s  a  membei- 
of  that  court,  in  any  of  the  proceedings  therein. 

§  472.  Attorney  ivho  is  surrogate's  father  or  son 
prohibited  from  practicing  before  him.  A  surrogate's 
father  or  son  shall  not  practice  or  be  employed  as  attorney  or 
counsel,  in  any  case,  in  which  his  partner  or  clerk  is  prohibited 
by  law  from  so  practicing,  or  being  employed. 

§  473.  Sheriffs,  constables,  coroners,  criers  and  at- 
tendants prohibited  from  practicing  during  term  of 
office.  A  sheriff,  under  sheriff,  deputy-sheriff,  sheriff's  clerk, 
constable,  coroner,  crier,  or  attendant  of  a  court,  shall  not,  during 
his  continuance  in  office,  practice  as  an  attorney  or  counsellor  in 
any  court. 

§  474.  Compensation  of  attorney  or  counsellor.  The 
compensation  of  an  attorney  or  counsellor  for  his  services  is  gov- 
erned by  agreement,  express  or  implied,  which  is  not  restrained 
by  law. 

§  475.  Attorney's  lien  in  action  or  special  proceed- 
ing.    Froni  the  commencement  of  an  action  or  special  proceed- 


324  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

ing,  or  the  service  of  an  answer  containing  a  counterclaim,  the 
attorney  who  appears  for  a  party  has  a  lien  upon  his  client's 
cause  of  action,  claim  or  counterclaim,  which  attaches  to  a  verdict, 
report,  decision,  judgment  or  final  order  in  his  client's  favor, 
and  the  proceeds  thereof  in  whosoever  hands  they  may  come; 
and  the  lien  can  not  be  affected  by  any  settlement  between  the 
parties  before  or  after  judgment  or  final  order.  The  court  upon 
the  petition  of  the  client  or  attorney  may  determine  and  enforce 
the  lien. 

§  476.  Suspension  of  attorney  from  practice  must 
be  on  notice.  Before  an  attorney  or  counsellor  is  suspended 
or  removed  as  prescribed  in  section  eighty-eight  of  this  chapter, 
a  copy  of  the  charges  against  him  must  be  delivered  to  him  per- 
sonally or,  in  case  it  is  established  to  the  ssatisf action  of  the  court, 
that  he  can  not  be  served  within  the  state,  the  same  may  l>e 
served  upon  him  without  the  state  by  mail  or  otherwise  as  the 
court  may  direct,  and  he  must  be  allowed  an  opportunity  of  being 
heard  in  his  defense.  It  shall  be  the  duty  of  any  district  at- 
torney within  a  department,  when  so  designated  by  the  appellate 
division  of  the  supreme  court,  to  prosecute  all  cases  for  the  re- 
moval or  suspension  of  attorneys  and  counsellors. 

§  477.  Attorney  convicted  of  felony  shall  cease  to 
be  attorney.  Any  person  being  an  attorney  and  counsellor- 
at-law  who  shall  be  convicted  of  a  felony,  shall,  upon  such  con- 
viction, cease  to  be  an  attorney  and  counsellor-at-law,  or  to  be 
competent  to  practice  law  as  such. 

§  478.  Suspension  or  removal  of  attorney  effective 
in  all  courts.  The  suspension  or  removal  of  an  attorney  or 
counsiellor,  by  the  supreme  court,  operates  as  a  suspension  or  re- 
moval in  every  court  of  the  state. 

§  479.  Action  against  attorney  for  lending  bis 
name  in  suits  and  against  person  using  name.  If  an 
attorney  knowingly  permits  a  person  not  being  his  general  law 
partner,  or  a  clerk  in  his  office,  to  sue  out  a  mandate,  or  to  prose- 
cute or  defend  an^al^tion  in  his  name,  he,  and  the  person  who  so 
uses  his  name^  each  forfeits  to  the  party  against  whom  the  man- 
date has  been  sued  out,  or  the  action  prosecuted  or  defended,  the 
sum  of  fifty  dollars,  to  be  recovered  in  an  action. 


PRACTICE    OF    PROFESSIONS  325 


Court  of  Appeals  Orders,  May  14,  1900 

Alton  B.  Parker^  Chief  Judge 

1.  It  is  ordered.  That  applicants  for  examination  for  admis- 
sion to  the  bar  are  to  be  deemed  graduates;  of  colleges  or  uni- 
versities, within  the  meaning  and  intent  of  the  rules  for  the 
admission  of  attorneys  and  eounsellors-at-law,  when  they  have 
successfully  completed  a  course  of  college  instruction  that  re- 
quires a^  a  condition  of  graduation  at  least  six  full  years  in  liberal 
arts  and  sciences  in  advance  of  a  completed  eight  year  elementary 
course. 

2.  It  is  further  ordered.  That  the  university  of  the  state  of 
'New  York  may  issue  law  student  certificates  upon  substantial 
equivalents  and  substitutes,  to  be  defined  by  the  rules  of  tJi©  uni- 
versity, in  all  cases  not  providied  for  by  the  rules  for  the  admission 
of  attorneys  and  counsellors-at-law  now  in  force. 


Rules  of  the  Court  of  Appeals  for  the  admis- 
sion of  attorneys  and  counsellors-at-laTr 

As  amended  May  17,  1911,  to  take  effect  July  1,  1911 

I.  Admission.  No  person  shall  be  admitted  to  practice  as 
an  attorney  or  counsellor  in  any  court  of  record  of  the  state  except 
upon  an  order  of  the  appellate  division  of  the  supreme  court  ad- 
mitting him  to  the  bar  and  licensing  him  to  practice  upon  com- 
pliance with  these  rules. 

II.  Admission  ivitliout  examination.  The  following 
classes  of  persons  may  in  the  discretion  of  the  appellate  division  be 
admitted  and  licensed  without  examination : 

1.  Any  person  admitted  to  practice  and  who  has  practiced  five 
years  as  a  member  of  the  bar  in  the  highest  law  court  in  any  other 
state  or  territory  of  the  American  Union  or  u^  the  District  of 
Columbia. 

2.  Any  person  admitted  to  practice  and  who  has  practiced  five 
years  in  another  country  whose  jurisprudence  is  based  on  the 
principles  of  the  English  common  law. 

3.  Any  American  citizen  domiciled  in  a  foreign  country  whose 
jurisprudence  is  based  on  the  principles  of  the  English  common 
law  holding  a  diploma  or  degree  which  would  entitle  him  to  prac- 
tice law  in  the  courts  of  such  foreign  country  if  a  citizen  thereof. 


326  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

Any  person  admitted  under  this  rule  must  possess  the  other 
qualifications  required  by  these  rules  and  must  produce  a  letter  of 
recommendation  from  one  of  the  judges  of  the  highest  law  court 
of  such  other  state  or  country,  or  furnish  other  satisfactory  evi- 
dence of  character  and  qualifications. 

An  attorney  and  counsellor  from  another  state  or  foreign 
jurisdiction  may  in  the  discretion  of  any  court  of  record  be  ad- 
mitted pro  hac  vice  to  participate  in  the  trial  or  argument  of  any 
cause  in  which  he  may  be  employed. 

III.  Admission  on  examination.  Three  classes  of  persons 
may  be  admitted  to  the  bar  upon  examination: 

1.  Persons  who  are  not  graduates  of  a  college  or  university ; 

2.  Persons  who  are  graduates  of  a  college  or  university ;  and 

3.  Persons  who  have  been  admitted  as  attorneys  and  have 
practiced  three  years  in  another  state  or  country. 

In  each  class  the  applicant  must  prove  by  his  own  affidavit  to 
the  satisfaction  of  the  state  board  of  law  examiners  that  he  is  a 
citizen  of  the  United  States,  twenty-one  years  of  age,  stating  his 
age,  and  an  actual  and  not  a  constructive  resident  of  the  state  for 
not  less  than  six  months  immediately  preceding  and  that  he  has  not 
been  examined  for  admission  to  practice  and  been  refused  admis- 
sion within  four  months,  and  that  he  has  studied  law  in  the  manner 
and  according  to  the  conditions  in  these  rules  prescribed. 

Applicants  in  the  first  class  (i.  e.,  persons  who  are  not  graduates 
of  a  college  or  university)  must  have  studied  law  for  a  period  of 
four  years.  Such  an  applicant  may  pursue  his  course  of  law  study 
wholly  by  serving  a  clerkship  in  the  office  of  a  practicing  attorney ; 
or  partly  by  serving  such  clerkship  and  partly  by  attending  a  law 
school ;  but  every  such  applicant  must  serve  such  clerkship  for  a 
period  of  at  least  one  year  continuously  either  before  examination 
by  the  state  board  of  law  examiners  or  after  such  examination  and 
prior  to  admission  to  the  bar. 

Applicants  in  the  second  class  (i.  e.,  persons  who  are  graduates 
of  a  college  or  university)  must  have  studied  law  for  a  period  of 
three  years.  'Such  an  applicant  may  pursue  his  course  of  law  study 
wholly  by  serving  a  clerkship  in  the  office  of  a  practicing  attorney ; 
or  wholly  by  attending  a  law  school;  or  partly  by  serving  such 
clerkship  and  partly  by  attending  a  law  school. 

Applicants  in  the  third  class  (i.  e.,  persons  who  have  been  ad- 
mitted as  attorneys  and  have  practiced  three  years  in  another  state 
or  country)  must  have  studied  law  for  a  period  of  one  year  within 


PEACTICE    OF    PROFESSIONS  327 

this  state  and  pursue  such  course  of  study  either  by  serving  a  clerk- 
ship or  by  attendance  upon  a  law  school  as  the  applicant  may  elect. 

Candidates  for  admission  to  the  bar  under  this  rule  (i.  e.,  upon 
examination)  may  be  admitted  and  licensed  upon  producing  and 
filing  with  the  court  the  certificate  of  the  state  board  of  law  ex- 
aminers that  the  applicant  has  satisfactorily  passed  the  examina- 
tion prescribed  by  these  rules  and  has  complied  with  their  pro- 
visions, and  upon  producing  and  filing  with  the  court,  in  the  case 
of  applicants  in  the  first  class  (i.  e.,  persons  who  are  not  graduates 
of  a  college  or  university),  evidence  that  he  has  served  a  regular 
clerkship  of  one  year  in  this  state  with  an  attorney  or  attorneys 
in  regular  practice,  either  before  or  after  having  passed  such 
examination.  The  applicant  must  also  produce  and  file  evi- 
dence that  he  is  a  person  of  good  moral  character?  which 
must  be  shown  by  the  affidavits  of  two  reputable  persons  of  the 
town  or  city  in  which  he  resides,  one  of  whom  must  be  a  practicing 
attorney  of  the  supreme  court.  Such  affidavits  must  state  that  the 
applicant  is,  to  the  knowledge  of  the  affiant,  a  person  of  good  moral 
character,  and  must  set  forth  in  detail  the  facts  upon  which  such 
knowledge  is  based ;  but  such  affidavits  shall  not  be  conclusive  and 
the  court  may  make  further  examination  and  inquiry. 

If  the  applicant  be  a  graduate  of  a  college,  or  university,  he  must 
have  pursued  the  prescribed  course  of  law  study  after  his  gradua- 
tion, and,  if  he  be  a  person  admitted  to  the  bar  of  another  state  or 
country,  he  must  have  pursued  his  prescribed  period  of  law  study 
after  having  remained  as  a  practicing  attorney  in  such  other  state 
or  country  for  the  period  of  three  years. 

IV.  Regulations  concerning  preliminary  studies. 
All  candidates  for  admission  to  the  bar  upon  examination,  except 
applicants  in  the  third  class  mentioned  in  rule  III  (i.  e.,  persons 
who  have  been  admitted  and  have  practiced  three  years  in  another 
state  or  country),  must  have  pursued  a  preliminary  course  of  study 
evidenced  by  graduation  from  a  college  or  university,  or  by  passing 
a  regents'  examination  or  the  equivalent,  as  hereinafter  prescribed : 

Applicants  who  are  not  graduates  of  a  college,  or  university, 
subject  to  the  limitations  and  requirements  hereinafter,  in  this 
subdivision,  expressed,  or  members  of  the  bar  as  above  described, 
before  entering  upon  the  clerkship  or  attendance  at  a  law  school 
herein  prescribed  shall  have  passed  an  examination  conducted 
under  the  authority  and  in  accordance  with  the  ordinances  and 
rules  of  the  University  of  the  State  of  IsTew  York,  in  English,  three 
years;  mathematics,   two  years;  Latin,  two  years;  science,  one 


328  NEW  YORK   STATE   EDUCATION  DEPARTMENT 

year;  history,  two  years;  or  in  their  substantial  equivalents  as 
defined  by  the  rules  of  the  university,  and  shall  have  filed  a  cer- 
tificate of  such  fact,  signed  by  the  commissioner  of  education, 
with  the  clerk  of  the  court  of  appeals,  whose  duty  it  shall  be  to 
return-  to  the  person  named  therein  a  certified  copy  of  the  same, 
showing  the  date  of  such  filing.  The  regents  may  accept  as  the 
equivalent  of  and  substitute  for  the  examination  in  this  rule 
prescribed,  either,  first,  a  certificate,  properly  authenticated,  of 
having  successfully  completed  a  full  year's  course  of  study  in 
any  college,  or  university ;  second,  a  certificate,  properly  authenti- 
cated, of  having  satisfactorily  completed  a  four  years'  course  of 
study  in  any  institution  registered  by  the  regents  as  maintaining 
a  satisfactory  academic  standard ;  or,  third,  a  regents'  diploma. 

All  graduates  of  a  college  or  university  existing  under  the  gov- 
ernment or  laws  of  any  foreign  country  other  than  those  where 
English  is  the  language  of  the  people,  and  all  applicants  who  apply 
for  law  students'  certificates  upon  equivalents  or  substitutes,  as 
above  provided,  all  or  any  part  of  which  are  earned  or  issued  in 
said  foreign  countries,  shall  pass  the  regents'  examination  in  second 
year  English.  The  regents'  certificate  above  prescribed  shall  be 
deemed  to  take  effect  as  of  the  date  of  the  completion  of  the 
regents'  examination,  as  the  same  shall  appear  upon  said  certifi- 
cate. 

V.  Regulations  concerning  study  at  law  schools. 
The  provisions  of  these  rules  for  study  at  a  law  school  must  be 
fulfilled  by  good  and  regular  attendance  and  successfully  com- 
pleting the  prescribed  course  of  instruction  at  an  incorporated 
law  school,  or  a  law  school  connected  with  an  incorporated  college 
or  university,  having  a  law  department  organized  with  competent 
instructors  and  professors,  in  which  instruction  as  hereinafter  pro- 
vided is  regularly  given. 

Good  and  regular  attendance  upon  and  the  successful  comple- 
tion of  the  prescribed  course  of  instruction  at  a  law  school,  the 
school  year  of  which  shall  consist  of  not  less  than  thirty-two  school 
weeks,  exclusive  of  vacations,  in  which  not  less  than  ten  hours 
of  attendance  upon  law  lectures  or  recitations  of  such  prescribed 
course,  to  be  given  or  conducted  by  regular  members  of  the  fac- 
ulty, are  required  in  each  week,  shall  be  deemed  a  year's  attend- 
ance under  this  rule. 

The  same  period  of  time  shall  not  be  duplicated  for  different 
purposes ;  except  that  a  student  attending  a  law  school,  as  herein 
provided,  and  who,  during  the  vacations  of  such  school,  not  ex- 


•PRACTICE  OF  PROFESSIONS  329 

ceediiig  three  months  in  any  one  year,  shall  pursue  his  studies  in 
the  office  of  a  practicing  attorney,  shall  be  allowed  to  count  the 
time  so  occupied  during  such  vacation  or  vacations  as  part  of  the 
clerkship  in  a  law  office  specified  in  these  rules. 

VI.  Regulations  concerning  clerkship.  The  pro- 
visions of  these  rules  for  studying  law  by  the  service  of  a  regu- 
lar clerkship  must  be  fulfilled  by  serving  such  clerkship  in  the 
office  of  a  practicing  attorney  of  the  supreme  court  in  this  state, 
after  'the  candidate  has  attained  the  age  of  eighteen  years. 

It  shall  be  the  duty  of  attorneys,  with  whom  a  clerkship  shall 
be  commenced,  to  file  a  certificate  of  the  same  in  the  office  of  the 
clerk  of  the  court  of  appeals,  which  certificate  shall,  in  each  case, 
state  the  date  of  the  beginning  of  the  period  of  clerkship,  and  such 
period  shall  be  deemed  to  commence  at  the  time  of  such  filing  and 
shall  be  computed  by  the  calendar  year. 

In  computing  the  period  of  clerkship  a  vacation  actually  taken, 
not  exceeding  two  months  in  each  year,  shall  be  allowed  as  a  part 
of  such  year. 

VII.  Proof  to  entitle  candidate  to  examination.  The 
state  board  of  law  examiners,  before  admitting  an  applicant  to  an 
examination,  shall  require  proof  that  the  preliminary  conditions 
prescribed  by  these  rules  have  been  fulfilled;  which  proof  shall 
be  made  as  follows,  viz. : 

First.  That  the  applicant  is  a  college  graduate,  by  the  produc- 
tion of  his  diploma,  or  certificate  of  graduation,  under  the  seal  of 
the  college. 

Second.  That  he  has  been  admitted  to  the  bar  of  another  state 
or  country,  by  the  production  of  his  license,  or  certificate,  executed 
by  the  proper  authorities. 

Third.  In  all  cases  where  the  services  of  a  clerkship  is  required, 
that  he  has  served  a  regular  clerkship  in  the  office  of  a  practicing 
attorney  of  the  supreme  court  in  this  state,  after  the  age  of  eigh- 
teen years,  by  producing  and  filing  with  the  board  a  certified  copy 
of  the  attorney's  certificate,  as  filed  in  the  office  of  the  clerk  of  the 
court  of  appeals,  and  producing  and  filing  an  affidavit  of  the 
attorney  or  attorneys  with  whom  such  clerkship  was  served,  show- 
ing the  actual  service  of  such  a  clerkship,  the  continuance  and  end 
thereof,  and  that  not  more  than  two  months'  vacation  was  taken 
in  any  one  year.  Both  of  said  affidavits  must  be  to  the  effect  that 
during  the  entire  period  of  such  clerkship,  except  during  the  stated 
vacation  time,  the  applicant  was  actually  employed  by  said  attor- 


330  NEW  YORK  STATE  EDUCATION  DEPARTMENT 

ney  as  a  regular  law  clerk  and  student  in  his  law  office^  and  under 
his  direction  and  advice,  engaged  in  the  practical  work  of  the 
office  during  the  usual  business  hours  of  the  day. 

Fourth.  The  time  of  study  allowed  in  a  law  school  must  be 
proved  by  the  certificate  of  the  teacher  or  president  of  the  faculty, 
under  whose  instructions  the  person  has  studied,  under  the  seal 
of  the  school,  if  such  there  be,  in  addition  to  the  affidavit  of  the 
applicant,  which  must,  also,  state  the  age  at  which  the  applicant 
began  his  attendance  at  such  law  school.  Said  certificate  and 
affidavit  must,  also,  show  that  the  law  school  prescribes  the  course 
of  instruction  contemplated  by  these  rules,  and  each  shall  also 
contain  the  statement  that  said  applicant  took  the  prescribed  course 
of  instruction  required  at  said  school  for  the  degree  of  bachelor  of 
laws  while  in  attendance  thereat,  and  bona  fide  took  and  success- 
fully passed  all  examinations  in  all  the  subjects  required  for  said 
degree  during  such  period  of  attendance,  in  each  case  specifying 
the  subjects  in  which  said  applicant  took  and  passed  his  examina- 
tions as  aforesaid,  which  proof  must  be  satisfactory  to  the  board  of 
examiners. 

Fifth.  That  the  applicant  has  passed  the  regents'  examination, 
or  its  equivalent,  must  be  proved  by  the  production  of  a  certified 
copy  of  the  regents'  certificate  filed  in  the  office  of  the  clerk  of  the 
court  of  appeals,  as  hereinbefore  provided. 

Sixth.  When  it  satisfactorily  appears  that  any  diploma,  affi- 
davit, or  certificate,  required  to  be  produced  has  been  lost,  or 
destroyed,  without  the  fault  of  the  applicant,  or  has  been  unjustly 
refused  or  withheld,  or  by  the  death  or  absence  of  the  person  or 
officer  who  should  have  made  it,  cannot  be  obtained,  the  board  of 
law  examiners  may  accept  such  other  proof  of  the  requisite  facts 
as  they  shall  deem  sufficient. 

Seventh.  A  law  student  whose  clerkship,  or  attendance  at  a 
law  school,  has  already  begun,  as  shown  by  the  records  of  the 
court  'of  appeals,  or  of  any  incorporated  law  school,  or  law  school 
established  in  connection  with  any  college  or  university,  may,  at 
his  option,  file  or  produce,  instead  of  the  proofs  required  by  these 
rules,  those  required  by  the  rules  of  the  court  of  appeals  in  force 
June  1,  1908. 

VIII.  Regulations  concerning  examinations.  The 
examination  held  by  such  state  board  of  examiners  may  be 
conducted  by  oral  or  written  questions  and  answers,  or  partly  oral 
and  partly  written,  but  shall  be  as  nearly  uniform  in  the  knowl- 


PRACTICE  OF  PROFESSIONS  331 

edge  and  capacity  which  they  shall  require,  as  is  reasonably  pos- 
sible. Every  applicant  shall  be  given  and  required  to  pass  a  satis- 
factory examination  in  the  canons  of  ethics  adopted  by  the  Ameri- 
can Bar  Association  and  by  the  l^ew  York  State  Bar  Association. 
An  applicant  who  has  failed  to  pass  one  examination  cannot  again 
be  examined,  until  at  least  four  months  after  such  failure. 

The  state  board  of  law  examiners  shall  be  paid  as  compensation, 
each,  the  sum  of  two  thousand  dollars  per  year,  and,  in  addition, 
such  further  sum  as  the  court  may  direct,  and  an  annual  sum  not 
exceeding  two  thousand  dollars  per  year  shall  be  allowed  for  neces- 
sary disbursements  of  the  board.  Every  applicant  for  examination 
shall  pay  to  the  examiners  a  fee  of  fifteen  dollars,  which  shall  be 
applied  upon  the  compensation  and  allowance  above  provided,  and 
any  surplus  thereafter  remaining  shall  be  held  by  the  treasurer  of 
the  state  board  of  law  examiners  and  deposited  in  some  bank,  in 
good  standing,  in  the  city  of  Albany,  to  his  credit  and  subject  to 
his  draft  as  such  treasurer,  when  approved  by  the  chief  judge. 

IX.  Relief  from  excusable  mistakes.  When  the  filing 
of  a  certificate,  as  required  by  these  rules,  has  been  omitted  by 
excusable  mistake,  or  without  fault,  the  court  may  order  such 
filing  as  of  the  proper  date. 

X.  Additional  rules  by  the  appellate  division.  The 
justices  of  the  appellate  division  in  each  department  may 
adopt  for  their  several  and  respective  departments  such  additional 
special  rules  for  ascertaining  the  moral  and  general  fitness  of  ap- 
plicants as  to  such  justices  may  seem  proper. 

[These  rules  shall  take  ejfect  on  July  1,  1911.] 

RULES   OF  THE  NEAV  YORK  STATE  BOARD   OF 
LAW^  EXAMINERS 

As  amended  to  take  effect  on  July  1,  1911 

I. 

Each  applicant  for  examination  must  file  with  the  secretary  of 
the  board,  at  least  fifteen  days  before  the  day  appointed  for  hold- 
ing the  examination  at  which  he  intends  to  apply,  the  preliminary 
proofs  required  by  the  ^'  rules  of  the  court  of  appeals  for  the  ad- 
mission of  attorneys  and  counsellors-at-law,''  from  which  it  must 
appear  afiirmatively  and  specifically  that  all  the  preliminary  con- 
ditions prescribed  by  said  rules  have  been  fulfilled,  and  also  proof 


332  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

of  the  residence  of  the  applicant  for  six  months  prior  to  the  date 
of  the  said  examination,  giving  place,  with  street  and  number,  if 
an  J,  which  must  be  made  by  his  own  affidavit.  Said  affidavit  must 
also  state  that  such  residence  is  actual  and  not  constructive.  The 
board  in  its  discretion  may  order  additional  proofs  of  residence  to 
be  filed,  and  may  require  an  applicant  to  appear  in  person  before 
it,  or  some  member  thereof,  and  be  examined  concerning  his  quali- 
fications to  be  admitted  to  the  examinations.  The  examination  fee 
of  fifteen  dollars  must  be  paid  to  the  treasurer  at  the  time  the 
application  for  examination  is  filed. 

To  entitle  an  applicant  to  a  re-examination,  he  must  notify  the 
secretary  by  mail  of  his  desire  therefor,  at  least  fifteen  days  before 
the  examination  at  which  he  intends  to  appear  and  file  with  him, 
at  the  same  time,  his  own  affidavit  stating  that  he  is  and  has  been 
for  the  six  months  prior  to  such  examination  an  actual  and  not 
constructive  resident  of  this  state,  giving  the  place  of  such  resi- 
dence, and  street  and  number,  if  any. 

II. 

Each  applicant  must  be  a  citizen  of  the  state,  of  full  age;  he 
may  be  examined  in  any  department,  whether  a  resident  thereof 
or  not,  but  the  fact  of  his  having  passed  the  examination  will  be 
certified  to  the  appellate  division  of  the  judicial  department  in 
which  he  has  resided  for  the  six  months  prior  to  his  examination. 
He  must,  however,  entitle  his  papers  in  the  department  in  which 
he  resides. 

III. 

In  applying  the  provisions  of  rules  three  and  seven  of  the  rules 
of  the  court  of  appeals,  '^  for  the  admission  of  attorneys  and 
c'ounsellors-at-law,"  the  board  will  require  proof  that  the  college 
or  university  of  which  an  applicant  claims  to  be  a  graduate,  main- 
tains a  satisfactory  standard  in  respect  to  the  course  of  studies 
completed  by  him.  In  case  the  college  or  university  is  registered 
with  the  board  of  regents  of  the  state  of  "New  York  as  maintaining 
such  standard,  the  applicant  must  submit  to  the  board,  with  his 
diploma  or  certificate  of  graduation,  the  certificate  of  the  said 
board  of  regents  to  that  effect,  which  will  be  accepted  by  this  board 
as  prima  facie  evidence  of  the  fact.  Such  certificate  need  not  be 
filed  in  cases  where  the  board  of  regents,  by  a  general  certificate, 
has  certified  to  this  board  that  the  said  college  or  university  main- 
tains a  satisfactory  college  standard  leading  to  the  degree  with 
which  the  applicant  graduated.     In  all  other  cases  the  applicant 


PRACTICE    OF    PROFESSIONS  333 

must  submit  with  his  diploma  or  certificate  of  graduation  satis- 
factory proof  of  the  course  of  study  completed  by  him  and  of  the 
character  of  the  college  or  university  of  which  he  claims  to  be  a 
graduate. 

IV. 

The  papers  filed  by  each  applicant  must  be  attached  together, 
and  there  must  be  indorsed  upon  them  the  name  of  the  applicant. 
The  papers  must  be  entitled,  "  In  the  matter  of  the  application  of 

for  admission  to  the  bar.''    Each  applicant  must 

state  the  beginning  and  the  end  of  each  term  spent  in  a  law  school, 
his  age  when  he  began  his  attendance  upon  the  law  school,  as  well 
as  the  beginning  and  the  end  of  each  vacation  that  he  has  had. 

V. 

An  applicant  who  has  been  admitted  to  the  bar  as  an  attorney 
in  another  state  or  country,  and  who  has  remained  therein  as  a 
practicing  attorney  for  the  period  of  three  years,  may  prove  the 
latter  fact  by  his  own  affidavit,  and  must  present  also  a  certificate 
from  a  judge  of  the  court  in  which  he  was  admitted,  or  from  a 
county  judge  in  said  state,  certifying  that  the  applicant  had  re- 
mained in  said  state  or  country  as  a  practicing  attorney  for  said 
period  of  three  years,  after  he  had  been  admitted  as  an  attorney 
therein.  The  signature  of  the  judge  must  be  certified  to  by  the 
clerk  of  the  court  or  by  the  county  clerk  under  the  seal  of  the 
court. 

VI. 

The  board  will  divide  the  subjects  of  examination  into  two 
groups,  as  follows:  Group  one,  pleading  and  practice  and  evi- 
dence ;  group  two,  substantive  law,  viz. :  real  property,  contracts, 
partnership,  negotiable  paper,  principal  and  agent,  principal  and 
surety,  insurance,  bailments,  sales,  criminal  law,  torts,  wills  and 
administration,  equity,  corporations,  domestic  relations,  legal 
ethics  and  the  Constitutions  of  l^ew  York  state  and  of  the  United 
States.  Each  applicant  will  be  required  to  obtain  the  requisite 
standard  in  both  groups  and  on  his  entire  paper  to  entitle  him  to 
a  certificate  from  the  board.  If  he  obtains  the  required  standard 
in  either  group  and  not  on  his  entire  paper  he  will  receive  a  pass 
card  for  the  group  which  he  passes  and  will  not  be  required  to  be 
re-examined  therein.  He  will  be  re-examined  in  the  group  in 
which  he  failed  or  on  the  entire  paper  if  he  failed  in  both  groups 
at  any  subsequent  examination  for  which  he  is  eligible  and  for 
which  he  gives  notice  as  required  by  these  rules. 


334  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

II.  PRACTICE  OF  MEDICINE 

Public  Health  Law  (L.  1909,  ch.  49),  art.  8 

Section  IGO:  Definitions. 

161.  Qualifications. 

162.  The  state  board  of  medical  examiners. 

163.  Certificate  of  appointment;  oath;  powers. 

164.  Expenses. 

165.  Officers ;  meetings ;  quorum ;  committees. 
16'6.  Admission  to  examination. 

167.  Questions. 

168.  Examinations  and  reports. 

169.  Licenses. 

170.  Eegistry;  revocation  of  license;  annulment  of  reg- 

istry. 

171.  Registry  in  another  county. 

172.  Certificate     presumptive     evidence;     unauthorized 

registration  and  license  prohibited. 

173.  Construction  of  this  article. 

174.  Penalties  and  their  collection. 

§  160.  Definitions.    As  used  in  this  article: 

1.  "  The  education  department ''  means  the  education  depart- 
ment of  the  state  of  E'ew  York  as  provided  for  by  the  education 
law. 

2.  "  University  "  means  university  of  the  state  of  E'ew  York. 

3.  ''  Regents  "  means  board  of  regents  of  the  university  of  the 
state  of  'New  York. 

4.  "  Board  "  means  the  board  of  medical  examiners  of  the  state 
of  E'ew  York. 

5.  ^'  Medical  examiner "  means  a  member  of  the  board  of 
medical  examiners  of  the  state  of  !N'ew  York. 

6.  "  Medical  school "  means  any  medical  school,  college  or 
department  of  a  university,  registered  by  the  regents  as  main- 
taining a  proper  medical  standard  and  as  legally  incorporated. 

7.  The  practice  of  medicine  is  defined  as  follows:  A  person 
practices  medicine  within  the  meaning  of  this  article,  except  as 
hereinafter  stated,  who  holds  himself  out  as  being  able  to  diagnose, 
treat,  operate  or  prescribe  for  any  human  disease,  pain,  injury, 
deformity  or  physical  condition,   and  who  shall  either  offer  or 


PEACTICE    OF    PROFESSIONS  335 

undertake,  by  any  means  or  method^  to  diagnose,  treat,  operate  or 
prescribe  for  any  human  disease,  pain,  injury,  deformity  or 
physical  condition. 

8.  "  Physician ''  means  a  practitioner  of  medicine. 

§  161.  Qualifications.  'No  person  shall  practice  medicine, 
unless  registered  and  legally  authorized  prior  to  September  first, 
eighteen  hundred  and  ninety-one,  or  unless  licensed  by  the  regents 
and  registered  under  article  eight  of  chapter  six  hundred  and 
sixty-one  of  the  laws  of  eighteen  hundred  and  ninety-three  and 
acts  amendatory  thereto,  or  unless  licensed  by  the  regents  and 
registered  as  required  by  this  article;  nor  shall  any  person 
practice  under  this  article  who  has  ever  been  convicted  of  a 
felony  by  any  court,  or  whose  authority  to  practice  is  suspended 
or  revoked  by  the  regents  on  recommendation  of  the  state  board. 
The  conviction  of  a  felony  shall  include  the  conviction  of  any 
offense  which  if  committed  within  the  state  of  New  York  would 
constitute  a  felony  under  the  laws  thereof. 

§  162.  The  state  board  of  medical  examiners.  The 
state  board  of  medical  examiners  is  continued.  The  members  of 
said  board  now  in  office  shall  continue  in  offiee  until  the  expira- 
tion of  their  respective  terms.  Said  board  shall  consist  of  nine 
members  who  shall  be  appointed  by  the  regents  and  who  shall 
hold  office  for  three  years  from  August  first  of  the  year  in  which 
appointed.  The  regents  shall  annually  (appoint  three  members  to 
fill  the  vacancies  caused  by  expiration  of  term  of  office,  and  may 
at  any  time  fill  vacancies  on  the  board  caused  by  death,  resig- 
nation, or  removal  from  office.  No  person  shall  be  appointed  a 
member  of  the  board  of  medical  examiners  who  is  not  eligible 
to  receive  a  license  to  practice  from  the  regents  in  ^accordance 
with  the  provisions  of  this  article  or  of  chapter  six  hundred  and 
sixty-one  of  the  laws  of  eighteen  hundred  and  ninety-three  and 
acts  amendatory  thereof  and  who  has  not  been  in  practice  in  this 
state  for  at  least  five  years  prior  to  date  of  appointment.  The 
regents  may  remove  any  member  of  the  board  of  examiners  for 
misconduct,  incapacity  or  neglect  of  duty.  The  regents  shall  ap- 
point a  secretary  to  the  board  of  examiners,  who  shall  not  be  a 
member  of  the  board,  and  who  shall  hold  office  during  the  pleasure 
of  the  regents  and  who  shall  receive  an  annual  compensation  of 
four  thousand  dollars,  payable  from  the  fees  received  under  this 
article.    The  secretary  shall  be  a  duly  licensed  physician. 


336  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§    163.   Certificate   of  appointment;   oath.;   powers. 

Every  medical  examiner  shall  receive  a  certificate  of  appointment 
from  the  regents  ^nd  before  beginning  his  term  of  office  shall  file 
witb  the  secretary  of  state  the  constitutional  oath  of  office.  The 
board,  or  any  committee  thereof,  may  employ  counsel,  shall  have 
the  power  to  compel  the  attendance  of  witnesses,  and  may  take 
testimony  and  proofs  concerning  all  matters  within  its  juris- 
diction. The  board  may,  subject  to  the  regents'  approval,  make 
all  by-laws  and  rules  not  inconsistent  with  law  needed  in  per- 
forming: its  duties;  but  no  by-law  or  rule  by  which  more  than  a 
majority  vote  is  required  for  any  specified  action  by  the  board 
shall  be  amended,  suspended  or  repealed  by  a  smaller  vote  than 
that  required  for  action  thereunder. 

§  164.  Expenses.  The  fees  derived  from  the  operation  of 
this  article  shall  be  paid  into  the  state  treasury,  and  the  legis- 
lature shall  annually  appropriate  therefrom  for  the  education  de- 
partment an  amount  sufficient  to  pay  all  proper  expenses  incurred 
pursuant  to  this  article. 

§  165.  Officers;  meetings;  quorum;  committees.  The 
board  shall  annually  elect  from  its  members  a  president  and  a  vice- 
president  for  the  academic  year,  and  shall  hold  one  or  more  meet- 
ings each  year  pursuant  to  call  of  the  regents.  At  any  meeting 
a  majority  shall 'constitute  a  quorum;  but  questions  prepared 
by  the  board  may  be  grouped  and  edited,  or  answer  papers  of 
candidates  may  be  examined  and  marked  by  committees  duly 
authorized  by  the  board  and  approved  by  the  regents. 

§  166.  Admission  to  examination.  The  regents  shall 
admit  to  examination  any  candidate  who  p'ays  a  fee  of  twenty-five 
dollars  and  submits  evidence,  verified  by  oath,  and  satisfactory  to 
the  regents,  that  he 

1.  Is  more  than  twenty-one  years  of  age.    * 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  beginning  the  second  year  of  medical  study 
the  general  education  required  preliminary  to  receiving  the  degree 
of  bachelor  or  doctor  of  medicine  in  this  state. 

4.  Has  studied  medicine  not  less  than  four  school  years,  includ- 
ing four  siatisf actory  courses  of  at  least  seven  months  each  in  four 
different  calendar  years  in  a  medical  school  registered  as  main- 
taining at  the  time  a  standard  satisfactory  to  the  regents.  ISTew 
York  medical  schools  and  l^ew  York  medical  students  shall  not  be 
discriminated  against  by  the  registration  of  any  medical  school 
out  of  the  state  whose  minimum  graduation  standard  is  less  than 


PRACTICE    OF    PROFESSIONS  337 

that  fixed  by  statute  for  'New  York  medical  schools.  The  regents 
may,  in  their  discretion,  accept  as  the  equivalent  for  any  part  of 
the  third  and  fourth  requirement,  evidence  of  five  or  more  years' 
reputable  practice,  provided  that  such  substitution  be  specified  in 
the  license,  and,  as  the  equivalent  of  the  first  year  of  the  fourth 
requirement,  evidence  of  graduation  from  a  registered  college 
course,  provided  that  such  college  course  shall  have  included 
not  less  than  the  minimum  requirements  prescribed  by  the  regents 
for  such  admission  to  advanced  standing.  The  regents  may  also 
in  their  discretion  admit  conditionally  to  the  examination  in 
anatomy,  physiology,  hygiene,  sanitation,  and  chemistry,  appli- 
cants nineteen  years  of  age  certified  as  having  studied  medicine 
not  less  than  two  years,  including  two  satisfactory  courses  of  at 
least  seven  months  each,  in  two  different  calendar  years,  in  a 
medical  school  registered  as  maintaining  at  the  time  a  satisfactory 
standard,  provided  that  such  applicants  meet  the  second  and  third 
requirements. 

5.  Has  either  received  the  degree  of  bachelor  or  doctor  of  medi- 
cine from  some  registered  medical  school,  or  a  diploma  or  license 
conferring  full  right  to  practice  medicine  in  some  foreign  country 
unless  admitted  conditionally  to  the  examinations  as  specified 
above,  in  which  case  all  qualifications,  including  the  full  period 
of  study,  the  medical  degree  and  the  final  examinations  in  surgery, 
obstetrics,  gynecology,  pathology,  including  bacteriology,  and 
diagnosis,  must  be  met.  The  degree  of  bachelor  or  doctor  of  medi- 
cine shall  not  be  conferred  in  this  state  before  the  candidate  has 
filed  with  the  institution  conferring  it  the  certificate  of  the  regents 
that  before  beginning  the  first  annual  medical  course  counted 
toward  the  degree,  unless  matriculated  conditionally  as  herein- 
after specified,  he  had  either  graduated  from  a  registered  college 
or  satisfactorily  completed  a  full  course  in  a  registered  academy 
or  high  school ;  or  had  a  preliminary  education  considered  and  ac- 
cepted by  the  regents  as  fully  equivalent;  or  held  a  regents'  medi- 
cal student  certificate;  or  passed  regents'  examinations  securing 
sixty  academic  counts,  or  their  full  equivalent,  before  beginning 
the  first  annual  medical  course  counted  toward  the  degree,  unless 
admitted  conditionally  as  hereinafter  specified.  A  medical  school 
may  matriculate  conditionally  a  student  deficient  in  not  more  than 
one  year's  academic  work  or  fifteen  counts  of  the  preliminary 
ed,ucation  requirement,  provided  the  name  and  deficiency  of 
each  student  so  matriculated  be  filed  at  the  regents'  office  within 
three  months  after  matriculation,  and  that  the  deficiency  be  made 


338  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

up  before  the  student  begins  the  second  annual  medical  course 
counted  toward  the  degree. 

6.  Where  the  application  be  for  a  license  to  practice  osteopathy, 
the  applicant  shall  produce  evidence  that  he  has  studied  osteopathy 
not  less  than  three  years  inckiding  three  satisfactory  courses  of 
not  less  than  nine  months  each  in  three  different  calendar  years 
in  a  college  of  osteopathy  maintaining  at  the  time  a  standard  sat- 
isfactory to  the  regents.  After  nineteen  hundred  and  ten  the 
applicant  for  a  license  to  practice  under  this  article  shall  produce 
evidence  that  he  has  studied  not  less  than  four  years  including 
four  satisfactory  courses  of  not  less  than  seven  months  each  in 
four  different  calendar  years  in  a  college  maintaining  at  the  time 
a  standard  satisfactory  to  the  regents. 

§  167.  Questions.  The  board  shall  submit  to  the  regents, 
as  required,  lists  of  suitable  questions  for  thorough  examination 
in  anatomy,  physiology,  hygiene,  sanitation,  chemistry,  surgery, 
obstetrics,  gynecology,  piathology,  including  bacteriology,  and 
diagnosis.  From  these  lists  the  regents  shall  prepare  question 
papers  for  all  these  subjects,  which  at  any  examination  shall  be 
the  same  for  all  candidates,  except  that  the  examination  may  be 
divided  as  provided  in  section  one  hundred  and  sixty-six. 

§  168.  Examinations  and  reports.  Examinations  for 
licenses  shall  be  given  in  at  least  four  convenient  places  in  this 
state  and  at  least  four  times  annually,  in  accordance  with  the 
regents'  rules,  and  shall  be  exclusively  in  writing  and  in  English. 
Each  examination  shall  be  conducted  by  a  regents'  examiner  who 
shall  not  he  one  of  the  medical  examiners.  At  the  close  of  each 
examination  the  regents'  examiner  in  charge  shall  deliver  the 
questions  and  answer  papers  to  the  board  or  its  duly  authorized 
committee,  who,  without  unnecessary  delay,  shall  examine  and 
mark  the  answers  and  transmit  to  the  regents  an  official  report, 
signed  by  its  president  and  secretary,  stating  the  standing  of 
each  candidate  in  each  branch,  his  general  average  and  whether 
the  board  recommends  that  a  license  be  granted.  •  Such  report  shall 
include  the  questions  and  answers  and  shall  be  filed  in  the  public 
records  of  the  university.  If  a  candidate  fails  on  first  examination, 
he  may,  after  not  less  than  six  months'  further  study,  have  a 
second  examination  without  fee.  If  the  failure  is  from  illness 
or  other  cause  satisfactory  to  the  regents  they  may  waive  the 
required  six  months'  study. 


PRACTICE  OF  PROFESSIONS  339 

§  169.  liicenses.  On  receiving  from  the  state  board  an 
official  report  that  an  applicant  has  successfnlly  passed  the  exami- 
nations and  is  recommended  for  license,  the  regents  shall  issue 
to  him  a  license  to  practice  according  to  the  qualifications  of  the 
applicant.  Every  license  shall  be  issued  by  the  university  under 
seal  and  shall  be  signed  by  each  acting  medical  examiner  and  by 
the  officer  of  the  university  v^ho  approved  the  credential  which 
admitted  the  candidate  to  examination,  and  shall  state  that  the 
licensee  has  given  satisfactory  evidence  of  fitness  as  to  age,  char- 
acter, preliminary  and  medical  education  and  all  other  matters 
required  by  law,  and  that  after  full  examination  he  has  been  found 
properly  qualified  to  practice.  Applicants  examined  and  licensed 
by  other  state  examining  boards  registered  by  the  regents  as  main- 
taining standards  not  lower  than  those  provided  by  this  article 
and  applicants  who  matriculated  in  a  New  York  state  medical 
school  before  June  fifth,  eighteen  hundred  and  ninety,  and  who 
received  the  degree  of  doctor  of  medicine  from  a  registered  medi- 
cal school  before  August  first,  eighteen  hundred  and  ninety-five, 
may  without  further  examination,  on  payment  of  twenty-five 
dollars  to  the  regents  and  on  submitting  such  evidence  as  they  may 
require,  receive  from  them  an  indorsement  of  their  licenses  or 
diplomas  conferring  all  rights  and  privileges  of  a  regents'  license 
issued  after  examination.  The  commissioner  of  education  may  in 
his  discretion  on  the  approval  of  the  board  of  regents  indorse  a 
license  or  diploma  of  a  physician  from  another  state,  provided  the 
applicant  has  met  all  the  preliminary  and  professional  quali- 
fications required  for  earning  a  license  on  examination  in  this 
state,  has  been  in  reputable  practice  for  a  period  of  ten  years, 
and  has  reached  a  position  of  conceded  eminence  and  authority 
in  his  profession.  If  any  person,  whose  registration  is  not  legal 
because  of  some  error,  misunderstanding  or  unintentional  omission, 
shall  submit  satisfactory  proof  that  he  had  all  requirements  pre- 
scribed by  law  at  the  time  of  his  imperfect  registration  and  Avas 
entitled  to  be  legally  registered,  he  may  on  unanimous  recom- 
mendation of  the  state  board  of  medical  examiners  receive  from 
the  regents  under  seal  a  certificate  of  the  facts  which  may  be 
registered  by  any  county  clerk  and  shall  make  valid  the  previous 
imperfect  registration.  Before  any  license  is  issued  it  shall  be 
numbered  and  recorded  in  a 'book  kept  in  the  regents'  office,  and 
its  number  shall  be  noted  in  the  license ;  and  a  photograph  of  the 
licensee  filed  with  the   records.     This   record  shall  be   open   to 


340  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

public  inspection^  and  in  all  legal  proceedings  shall  have  the  same 
weight  as  evidence  that  is  given  to  a  record  of  conveyance  of  land. 
§  170.  Registry;  revocation  of  license;  annulment 
of  registry.  Every  license  to  practice  medicine  shall,  before 
the  licensee  begins  practice  thereunder,  be  registered  in  a  book 
kept  in  the  clerk's  office  of  the  county  where  such  practice  is 
to  be  carried  on,  with  name,  residence,  place  and  date  of  birth, 
and  source,  number  and  date  of  his  license  to  practice.  Before 
registering,  each  licensee  shall  file,  to  be  kept  in  a  bound  volume 
in  a  county  clerk's  office,  an  affidavit  of  the  above  facts,  and  also 
that  he  is  the  person  named  in  such  license,  and  had,  before 
receiving  the  same,  complied  with  all  requirements  as  to  attend- 
ance, terms  and  amount  of  study  and  examinations  required  by 
law  and  the  rules  of  the  university  as  preliminary  to  the  confer- 
ment thereof ;  that  no  money  was  paid  for  such  license,  except  the 
regular  fees  paid  by  all  applicants  therefor;  that  no  fraud,  mis- 
representation or  mistake  in  any  material  regard  was  employed  by 
any  one  or  occurred  in  order  that  such  license  should  be  conferred. 
Every  license,  or  if  lost  a  copy  thereof  legally  certified  so  as  to  be 
admissible  as  evidence,  or  a  duly  attested  transcript  of  the  record 
of  its  conferment,  shall,  before  registering,  be  exhibited  to  the 
county  clerk,  who,  only  in  case  it  was  issued  or  indorsed  as  a 
license  under  seal  by  the  regents,  shall  indorse  or  stamp  on  it  the 
date  and  his  name  preceded  by  the  words,  "  registered  as  authority 

to  practice  medicine  in  the  clerk's  office  of county."     The 

clerk  shall  thereupon  give  to  every  physician  so  registered  a 
transcript  of  the  entries  in  the  register  with  a  certificate,  under 
seal  that  he  has  filed  the  prescribed  affidavit.  The  licensee  shall 
pay  to  the  county  clerk  a  total  fee  of  one  dollar  for  registration, 
affidavit  and  certificate.  The  regents  shall  have  power  at  any  and 
all  times  to  inquire  into  the  identity  of  any  person  claiming  to  be 
a  licensed  or  registered  physician  and  after  due  service  of  notice 
in  writing,  require  him  to  make  reasonable  proof,  satisfactory  to 
them,  that  he  is  the  person  licensed  to  practice  medicine  under  the 
license  by  virtue  of  which  he  claims  the  privilege  of  this  article. 
When  the  regents  find  that  a  person  claiming  to  be  a  physician, 
licensed  under  this  article,  is  not  in  fact  the  person  to  whom 
the  license  was  issued,  they  shall  reduce  their  findings  to  writing 
and  file  them  in  the  office  of  the  clerk  of  the  county  in  which  said 
person  resides  or  practices  medicine.  Said  certificate  shall  be 
prima  facie  evidence  that  the  person  mentioned  therein  is  falsely 


PRACTICE    OF    PROFESSIONS  341 

impersonating  a  practitioner  or  a  former  practitioner  of  a  like  or 
different  name.  The  regents  may  revoke  the  license  of  a  prac- 
titioner of  medicine,  or  annul  his  registration,  or  do  both,  in  any 
of  the  following  cases : 

(a)  A  practitioner  of  medicine  who  is  guilty  of  any  fraud  or 
deceit  in  his  practice,  or  who  is  guilty  of  a  crime  or  misdemeanor, 
or  who  is  guilty  of  any  fraud  or  deceit  by  which  he  was  admitted 
to  practice;  or 

(b)  Is  an  habitual  drunkard  or  habitually  addicted  to  the  use 
of  morphine,  opium,  cocaine,  or  other  drugs  having  a  similar 
effect;  or 

(c)  Who  undertakes  or  engages  in  any  manner  or  by  any  ways 
or  means  whatsoever,  to  procure  or  perform  any  criminal  abortion 
as  the  same  is  defined  by  section  eighty  of  the  penal  law ;  or 

(d)  Who  offers  or  undertakes  by  any  manner  or  means  to 
violate  any  of  the  provisions  of  section  eleven  hundred  and  forty- 
two  of  the  penal  law. 

Proceedings  for  revocation  of  a  license  or  the  annulment  of 
registration  shall  be  begun  by  filing  a  written  charge  or  charges 
against  the  accused.  These  charges  may  be  preferred  by  any 
person  or  corporation,  or  the  regents  may  on  their  own  motion 
direct  the  executive  officer  of  the  board  of  regents  to  prefer  said 
charges.  Said  charges  shall  be  filed  with  the  executive  officer  of 
the  board  of  regents,  and  a  copy  thereof  filed  with  the  secretary 
of  the  board  of  medical  examiners.  The  board  of  medical  exam- 
iners, when  charges  are  preferred,  shall  designate  three  of  their 
number  as  a  committee  to  hear  and  determine  said  charges.  A 
time  and  place  for  the  hearing  of  said  charges  shall  be  fixed  by 
said  committee  as  soon  as  ,convenient,  and  a  copy  of  the  charges, 
together  with  a  notice  of  the  time  and  place  when  they  will  be 
heard  and  determined,  shall  be  served  upon  the  accused  or  his 
counsel,  at  least  ten  days  'before  the  date  actually  fixed  for  said 
hearing.  Where  personal  service  or  service  upon  counsel  can  not 
be  effected,  and  such  fact  is  certified  on  oath  by  any  person  duly 
authorized  to  make  legal  service,  the  regents  shall  cause  to  be 
published  for  at  least  seven  times,  for  at  least  twenty  days  prior 
to  the  hearing,  in  two  daily  papers  in  the  county  in  which  the 
physician  was  last  known  to  practice,  a  notice  to  the  effect  that 
at  R  definite  time  and  place  a  hearing  will  be  had  for  the  purpose 
of  hearing  charges  against  the  physician  upon  an  application  to 


342  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

revoke  his  license.  At  said  hearing  the  accused  shall  have  the 
right  to  cross-examine  the  witnesses  against  him  and  to  produce 
witnesses  in  his  defense,  and  to  appear  personallj  or  by  counsel. 
The  said  committee  shall  make  a  written  report  of  its  findings  and 
recommendations,  to  be  signed  by  all  its  members,  and  the  same 
shall  be  forthwith  transmitted  to  the  executive  officer  of  the  board 
of  regents.  If  the  said  committee  shall  unanimously  find  that  said 
charges,  or  any  of  them,  are  sustained,  and  shall  unanimously 
recommend  that  the  license  of  the  accused  be  revoked  or  his  regis- 
tration be  annulled,  the  regents  may  thereupon  in  their  discretion, 
rfevoke  said  license  or  annul  said  registration,  or  do  both.  If 
the  regents  shall  annul  such  registration,  they  shall  forthwith 
transmit  to  the  clerk  of  the  county  or  counties  in  which  said 
accused  is  registered  as  a  physician,  a  certificate  under  their  seal 
certifying  that  such  registration  has  been  annulled,  and  said  clerk 
shall,  upon  receipt  of  said  certificate,  file  the  same  and  forthwith 
mark  said  registration  ^^  annulled."  Any  person  who  shall  practice 
medicine  after  his  registration  has  been  marked  "  annulled " 
shall  be  deemed  to  have  practiced  medicine  without  registration. 
Where  the  license  of  any  person  has  been  revoked,  or  his  regis- 
tration has  been  annulled  as  herein  provided,  the  regents  may, 
after  the  expiration  of  one  year,  entertain  an  applicaion  for  a 
new  license,  in  like  manner  as  original  applications  for  licenses 
are  entertained ;  and  upon  such  new  application  they  may  in  their 
discretion,  exempt  the  applicant  from  the  necessity  of  undergoing 
any  examination. 

§  171.  Registry  in  anotlier  county.  A  practicing  phy- 
sician having  registered  a  lawful  authority  to  practice  medicine 
in  one  county,  and  removing  such  practice  or  part  thereof  to 
another  county,  or  regularly  engaging  in  practice  or  opening  an 
office  in  another  county  shall  show  or  send  by  registered  mail  to 
the  clerk  of  such  other  county,  his  certificate  of  registration.  If 
such  certificate  clearly  shows  that  the  original  registration  was  of 
an  authority  issued  under  seal  by  the  regents,  or  if  the  certificate 
itself  is  indorsed  by  the  regents  as  entitled  to  registration,  the 
clerk  shall  thereupon  register  the  applicant  in  the  latter  county, 
on  receipt  of  a  fee  of  twenty-five  cents,  and  shall  stamp  or  indorse 
on  such  certificate  the  date  and  his  name  preceded  by  the  words, 

^^  registered  also  in county,"  and  return  the  certificate  to 

the  applicant. 


PRACTICE    OF    PROFESSIONS  343 

§  172.  Certificate  presumptive  evidence;  unau- 
thorized registration  and  license  prohibited.  Every 
unrevoked  certificate  and  indorsement  of  registry^  made  as  pro- 
vided in  this  article,  shall  be  presumptive  evidence  in  all  courts 
and  places,  that  the  person  named  therein  is  legally  registered. 
Hereafter  no  person  shall  register  any  authority  to  practice  medi- 
cine unless  it  has  been  issued  or  indorsed  as  a  license  by  the 
regents.  'No  such  registration  shall  be  valid  unless  the  authority 
registered  constituted,  at  the  time  of  registration,  a  license  under 
the  laws  of  the  state  then  in  force,  ^o  diploma  or  license  con- 
ferred on  a  person  not  actually  in  attendance  at  the  lectures, 
instruction  and  examinations  of  the  school  conferring  the  same,  or 
not  possessed  at  the  time  of  its  conferment  of  the  requirements 
then  demanded  of  medical  students  in  this  state  as  a  condition  of 
their  being  licensed  so  to  practice,  and  no  registration  not  in 
accordance  v^ith  this  article  shall  be  lawful  authority  to  practice 
medicine,  nor  shall  the  degree  of  doctor  of  medicine  be  conferred 
causa  honoris  or  ad  eundem  nor  if  previously  conferred  shall  it 
be  a  qualification  for  such  practice. 

§  173.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  affect  commissioned  medical  officers  serving 
in  the  United  States  army,  navy  or  marine  hospital  service,  while 
so  commissioned ;  or  any  one  while  actually  serving  without  salary 
or  professional  fees  on  the  resident  medical  staff  of  any  legally 
incorporated  hospital ;  or  any  legally  registered  dentist  exclusively 
engaged  in  practicing  dentistry;  or  any  person  or  manufacturer 
who  mechanically  fits  or  sells  lenses,  artificial  eyes,  limbs  or  other 
apparatus  or  appliances,  or  is  engaged  in  the  mechanical  examina- 
tion of  eyes,  for  the  purpose  of  constructing  or  adjusting  spectacles, 
eye  glasses  and  lenses ;  or  any  lawfully  qualified  physician  in 
other  states  or  countries  meeting  legally  registered  physicians  in 
this  state  in  consultation ;  or  any  physician  residing  on  a  border 
of  a  neighboring  state  and  duly  licensed  under  the  laws  thereof 
to  practice  medicine  therein,  whose  practice  extends  into  this  state, 
and  who  does  not  open  an  office  or  appoint  a  place  to  meet  patients 
or  receive  calls  within  this  state ;  or  any  physician  duly  registered 
in  one  county  called  to  attend  isolated  cases  in  another  county, 
but  not  residing  or  habitually  practicing  therein;  or  the  furnish- 
ing of  medical  assistance  in  case  of  emergency ;  or  the  domestic 
administration  of  family  remedies ;  or  the  practice  of  chiropody ; 
or  the  practice  of  the  religious  tenets  of  any  church.     This  article 


344  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

shall  be  construed  to  repeal  all  acts  or  parts  of  acts  authorizing 
conferment  of  any  degree  in  medicine  causa  honoris  or  ad  eundem 
or  otherwise  than  on  students  duly  graduated  after  satisfactory 
completion  of  a  preliminary  medical  course  not  less  than  that 
required  by  this  article  as  a  condition  of  license.  It  is  further 
provided  that  any  person  who  shall  be  actively  engaged  in  the 
practice  of  osteopathy  in  the  state  of  !New  York  on  the  thirteenth 
day  of  May,  nineteen  hundred  and  seven,  and  who  shall  present 
to  the  board  of  regents  satisfactory  evidence  that  he  is  a  graduate 
in  good  standing  of  a  regularly  conducted  school  or  college  of 
osteopathy  within  the  United  States  which  at  the  time  of  his  or 
her  graduation  required  a  course  of  study  of  two  years  or  longer, 
including  the  subjects  of  anatomy,  physiology,  pathology,  hygiene, 
chemistry,  obstetrics,  diagnosis  and  the  theory  and  practice  of 
osteopathy,  with  actual  attendance  of  not  less  than  twenty  months, 
which  facts  shall  be  shown  by  his  or  her  diploma  and  affidavit, 
shall  upon  application  and  payment  of  ten  dollars  be  granted, 
without  examination,  a  license  to  practice  osteopathy,  provided 
application  for  such  license  be  made  within  six  months  after  the 
thirteenth  day  of  May,  nineteen  hundred  and  seven.  A  license  to 
practice  osteopathy  shall  not  permit  the  holder  thereof  to  admin- 
ister drugs  or  perform  surgery  with  the  use  of  instruments. 
Licenses  to  practice  osteopathy  shall  be  registered  in  accordance 
with  the  provisions  of  this  article,  and  the  word  osteopath  be 
included  in  such  registration;  and  such  license  shall  entitle  the 
holder  thereof  to  the  use  of  the  degree  D.  O.,  or  doctor  of 
osteopathy. 

§  174.  Penalties  and  their  collection.  Any  person 
who,  not  being  then  lawfully  authorized  to  practice  medicine 
within  this  state  and  so  registered  according  to  law,  shall  prac- 
tice medicine  within  this  state  without  lawful  registration  or  In 
violation  of  any  provision  of  this  article;  and  any  person  wh'> 
shall  buy,  sell  or  fraudulently  obtain  any  medical  diploma,  license, 
record  or  registration,  or  who  shall  aid  or  abet  such  buying,  selling 
or  fraudulently  obtaining,  or  who  shall  practice  medicine  under 
cover  of  any  medical  diploma,  license,  record  or  registration  il- 
legally obtained,  or  signed,  or  issued  unlawfully  or  under  fraudu- 
lent representations  or  mistake  of  fact  in  a  material  regard,  or 
who,  after  conviction  of  a  felony,  shall  attempt  to  practice  medi- 
cine, or  shall  so  practice,  and  any  person  who  shall  in  connection 
with  his  name  use  any  designation  tending  to  imply  or  designate 


PRACTICE    OF    PROFESSIONS  345 

him  or  her  as  a  practitioner  of  medicine  within  the  meaning  of  this 
article  without  having  registered  in  accordance  therewith,  or 
any  person  who  shall  practice  medicine  or  advertise  to  practice 
medicine  under  a  name  other  than  his  own,  or  any  person  not  a 
registered  physician  who  shall  advertise  to  practice  medicine,  shall 
be  guilty  of  a  misdemeanor.  Any  person  who  shall  practice 
medicine  under  a  false  or  assumed  name,  or  who  shall  falsely 
personate  another  practitioner  or  former  practitioner  of  a  like  or 
different  name,  shall  be  guilty  of  a  felony.  When  any  prose- 
cution under  this  article,  or  under  sections  eleven  hundred  and 
forty- two,  eighty,  eighty-one,  eighty- two,  seventeen  hundred  and 
forty-seven  of  the  penal  law,  and  any  amendments  thereto,  is 
made  on  the  complaint  of  any  incorporated  medical  society  of  the 
state,  or  any  county  medical  society  entitled  to  representation  in 
a  state  society,  any  fines  collected  shall  be  paid  to  the  society 
making  the  complaint,  and  any  excess  of  the  amount  of  fines 
so  paid  over  the  expense  incurred  by  the  said  society  in  enforcing 
the  medical  laws  of  this  state,  shall  be  paid  at  the  end  of  the 
year  to  the  county  treasurer. 

III.    DENTAL   SOCIETIES   AND   THE   PRAC- 
TICE OF  DENTISTRY 

Puhlic  Health  Law  {L.  1909,  ch.  49)  art  9 

Section  190.  Definitions. 

191.  State  dental  society. 

192.  District  dental  societies. 

193.  Powers  of  district  dental  societies. 

194.  Licentiates. 

195.  State  board  of  dental  examiners. 

196.  Examinations. 

197.  Degrees. 

198.  Licenses. 

199.  Registration. 

200.  Examination  fees. 

201.  Revocation  of  licenses. 

202.  Construction  of  this  article. 

203.  Penalties. 

§    190.   Definitions.     As   used   in   this   article,   the   terms 
"  university,"  ^^  regents  "  and  "  physicians  "  have  respectively  the 


346  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

meanings  defined  in  article  eight  of  this  chapter.  "  Board/'  where 
not  otherwise  limited,  means  the  board  of  dental  examiners  of 
the  state  of  New  York.  ^^  Registered  medical  or  dental  school " 
means  a  medical  or  dental  school,  college  or  department  of  a 
university,  registered  by  the  regents  as  maintaining  a  proper 
educational  standard  and  legally  incorporated.  '^  Examiner," 
where  not  otherwise  qualified,  means  a  member  of  the  board. 
^'  State  dental  society,"  means  the  dental  society  of  the  state  of 
ISTew  York. 

§  191.  State  dental  society.  The  dental  society  of  the 
state  of  ISTew  York  is  continued,  and  shall  be  composed  of  eight 
delegates  from  each  district  society  divided  into  four  classes  of 
two  delegates,  each  to  be  elected  annually,  and  of  two  delegates 
from  each  incorporated  dental  school  of  the  state  to  be  elected 
annually.  The  state  dental  society  shall  annually  meet  on  the 
second  Wednesday  of  May,  or  at  such  other  time  and  at  such 
place  as  may  be  determined  on  in  the  by-laws  of  the  society  or 
by  resolution,  at  the  preceding  annual  meeting.  Twenty  members 
shall  be  a  quorum.  The  society  shall  elect  annually  a  president, 
vice-president,  secretary  and  treasurer,  who  shall  hold  their  offices 
for  one  year,  and  until  others  shall  be  chosen  in  their  places,  and 
may  elect  not  more  than  sixteen  permanent  members  at  any 
annual  meeting  from  among  eminent  dentists  of  the  state,  who 
shall  have  all  the  privileges  of  delegate  members.  The  society 
may  elect  honorary  members  from  any  state  or  country  not  eligible 
to  regular  membership,  who  shall  not  be  entitled  to  vote  or  hold 
any  office  in  the  society. 

§  192.  District  dental  societies.  The  existing  district 
dental  societies  are  continued.  In  any  judicial  district  in  which 
a  district  dental  society  is  not  now  incorporated,  fifteen  or  more 
dentists  of  such  district  authorized  to  practice  dentistry  in  this 
state  may  become  a  district  dental  society  of  such  district,  by 
publishing  a  call  for  a  meeting  of  the  dentists  of  the  district  to  be 
held  at  a  time  and  place  mentioned  therein  within  the  district, 
in  at  least  one  newspaper  in  each  county  of  the  district,  at  least 
once  a  week  for  at  least  four  weeks  immediately  preceding  the 
time  when  such  meeting  is  to  be  held,  and  by  meeting  at  the  time 
and  place  specified  in  such  notice  with  such  dentists  authorized  to 
practice  dentistry  in  the  district  as  may  respond  to  such  call,  and 
by  making  and  filing  with  the  secretary  of  the  state  dental  society 
a  certificate,  to  be  executed  and  acknowledged  by  the  dentists  so 


PRACTICE    OF    PROFESSIONS  347 

meeting,  or  by  at  least  fifteen  of  them,  which  shall  set  forth  that 
such  meeting  has  been  held  pursuant  to  such  notice,  the  corporate 
name  of  the  society,  which  shall  be  the  district  dental  society  of 
the  judicial  district  •t^^here  located,  the  names  and  places  of 
residence  of  the  officers  of  the  society  for  the  first  year,  or  until 
the  first  annual  meeting,  which  officers  shall  be  a  president,  vice- 
president,  secretary  and  treasurer,  the  time  and  place  of  the  annual 
meeting  of  the  society,  the  general  objects  and  purposes  of  the 
association  and  the  names  of  eight  delegates  to  the  state  society 
divided  into  four  classes  of  two  delegates  each,  to  hold  office  until 
the  first,  second,  third  and  fourth  annual  meeting  thereafter, 
respectively.  And  thereon  the  persons  executing  such  certificate 
and  all  other  dentists  in  good  standing  and  authorized  to  practice 
dentistry  in  such  district,  who  shall  subscribe  to  its  by-laws,  shall 
be  a  corporation  by  the  name  expressed  in  such  certificate. 

§  193.  Powers  of  district  dental  societies.  Every 
licensed  and  registered  dentist  in  the  judicial  district  in  which 
such  society  is  formed,  shall  be  eligible  to  membership  in  the 
district  society  of  the  district  where  he  resides  or  practices 
dentistry.  Every  district  society  shall  at  every  annual  meeting 
choose  two  delegates  to  the  state  dental  society,  each  to  serve  four 
years,  and  may  fill  all  vacancies  occurring  in  their  respective 
delegations  in  the  state  society.  Every  district  dental  society 
shall  at  its  annual  meeting  appoint  not  less  than  three  nor  more 
than  five  censors  to  continue  in  office  for  one  year  and  until  others 
are  chosen,  who  shall  constitute  a  district  board  of  censors.  The 
dental  societies  of  the  respective  districts  of  the  state  shall  have 
power  to  make  all  needful  by-laws  not  inconsistent  with  the  laws 
of  this  state  for  the  management  of  their  affairs  and  property  and 
the  admission  and  expulsion  of  members ;  providing,  that  no 
by-law  of  any  district  society  shall  be  repugnant  to  or  inconsistent 
with  the  by-laws  of  the  state  society.  Said  societies  may  purchase 
and  hold  real  and  personal  estate  for  the  purposes  of  their  incor- 
poration; provided  that  the  property  of  a  district  society  shall 
not  exceed  in  value  five  thousand  dollars,  and  the  property  of  the 
state  society  shall  not  exceed  in  value  twenty-five  thousand  dollars. 

§  194.  Licentiates.  Only  the  following  persons  shall  be 
deemed  licensed  to  practice  dentistry: 

1.  Those  duly  licensed  and  registered  as  dentists  in  this  state 
prior  to  the  first  day  of  August,  eighteen  hundred  and  ninety-five, 
pursuant  to  the  laws  in  force  at  the  time  of  their  license  and 
registration. 


348  NEW    YORK    STATE    EDUCATIOlSr    DEPARTMENT 

2.  Those  duly  licensed  and  registered  after  the  first  day  of 
August,  eighteen  hundred  and  ninety-five,  pursuant  to  the  pro- 
visions of  this  chapter. 

§  195.  State  board  of  dental  exsminers.  The  exist- 
ing state  board  of  dental  examiners  shall  be  divided  into  four 
classes  and  their  terms  of  office  shall  continue  except  that  said 
terms  shall  expire  on  the  thirty-first  day  of  July  in  each  year. 
After  July  thirty-first,  nineteen -hundred  and  ten,  the  state  board 
of  dental  examiners  shall  be  increased  by  the  addition  of  a  mem- 
ber residing  in  the  ninth  judicial  district,  who  shall  be  appointed 
in  the  manner  provided  by  this  section,  for  a  term  of  four  years, 
commencing  on  the  first  day  of  August,  nineteen  hundred  and 
ten,  and  who  shall  be  a  member  of  the  class  whose  terms  com- 
mence on  such  date.  Before  the  day  when  the  official  terms  of 
the  members  of  any  of  said  classes  shall  expire,  the  regents  shall 
appoint  their  successors,  to  serve  for  the  term  of  four  years  from 
said  day.  Such  appointment  shall  be  made  from  nominations  in 
number  twice. the  number  of  the  outgoing  class  made  by  such 
society  to  the  regents  prior  to  the  second  Tuesday  in  June  of  each 
year.  In  default  of  such  nominations,  the  regents  shall  appoint 
such  examiners  from  the  legally  qualified  dentists  in  the  state 
belonging  to  the  state  dental  society.  The  regents,  in  the  same 
manner,  shall  also  fill  vacancies  in  the  board  that  may  occur. 
All  nominations  and  appointments  shall  be  so  made  that  every 
vacancy  in  the  board  shall  be  filled  by  a  resident  of  the  same 
judicial  district  in  which  the  last  incumbent  of  the  office  resided. 
The  board  shall  elect  at  its  annual  meeting  from  its  members  a 
president  and  a  secretary  and  shall  hold  one  or  more  meetings 
each  year  pursuant  to  call  of  the  regents.  'No  person  shall  be 
appointed  an  examiner  unless  he  shall  have  received  a  dental 
degree  from  a  body  lawfully  entitled  to  confer  the  same,  and  in 
good  standing  at  the  time  of  its  conferment,  and  shall  have  been 
engaged  within  the  state  during  not  less  than  five  years  prior  to 
his  appointment  in  the  actual  and  lawful  practice  of  dentistry. 
'Nor  shall  any  person  connected  with  a  dental  school  as  professor, 
trustee  or  instructor  be  eligible  to  such  appointment.  Cause 
being  shown  before  them  the  regents  may  remove  an  examiner 
from  office  on  proven  charges  of  inefficiency,  incompetency,  im- 
morality or  unprofessional  conduct.  [Amended  hy  L.  1910, 
ch.  13Y.] 


PEACTICE  OF  PEOFESSIONS  349 

§  196.  Examinations.  The  regents  shall  admit  to  exam- 
ination any  candidate  who  shall  pay  the  fee  herein  prescribed  and 
submit  satisfactory  evidence,  verified  by  oath  if  required,  that  he : 

1.  Is  more  than  tv^enty-one  years  of  age; 

2.  Is  of  good  moral  character; 

3.  Has  a  preliminary  education  equivalent  to  graduation  from 
a  four-year  high  school  course  registered  by  the  regents,  or  an 
education  accepted  by  the  regents  as  fully  equivalent. 

4.  Subsequently  to  receiving  such  preliminary  education  either 
has  been  graduated  in  course  with  a  dental  degree  from  a  regis- 
tered dental  school,  or  else,  having  been  graduated  in  course  from 
a  registered  medical  school  with  a  degree  of  doctor  of  medicine, 
has  pursued  thereafter  a  course  of  special  study  of  dentistry  for 
at  least  two  years  in  a  registered  dental  school  and  received  there- 
from its  degree  of  doctor  of  dental  surgery,  or  else  holds  a  diploma 
or  license  conferring  full  right  to  practice  dentistry  in  some 
foreign  country  and  granted  by  some  registered  authority,  or  else 
has  lawfully  practiced  dentistry  for  more  than  twenty-five  years 
without  this  state  and  within  the  United  States.  Provided  that 
any  person  who  then  being  a  bona  fide  student  of  dentistry  in 
this  state  under  private  preceptorship  was  entitled  to  file  on  or 
l^efore  the  thirty-first  day  of  July,  eighteen  hundred  and  ninety- 
five,  with  the  secretary  of,  thes  state  dental  society  a  certificate  of 
study  under  private  preceptorship  and  who  did  at  any  time  prior 
to  the  first  day  of  January,  nineteen  hundred  and  four,  upon 
sworn  proof  of  such  fact  file  such  a  certificate  with  the  regents, 
may  be  admitted  to  examination  before  the  board.  Any  member 
of  the  board  may  inquire  of  any  applicant  for  examination  con- 
cerning his  qualifications  and  may  take  testimony  of  any  one 
in  regard  thereto,  under  oath,  which  he  is  hereby  empowered  to 
administer.      [Amejided  hy  L.  1911,  ch.  786.] 

§  197.  Degrees.  N'o  degree  in  dentistry  shall  be  conferred 
in  this  state  except  the  degree  of  doctor  of  dental  surgery.  Said 
degree  shall  not  be  conferred  upon  any  one  unless  he  shall  have 
satisfactorily  completed  a  course  of  at  least  three  years  in  a 
registered  dental  school,  or  having  been  graduated  in  course  from 
a  registered  medical  school  with  the  degree  of  doctor  of  medicine 
shall  have  pursued  satisfactorily  thereafter  a  course  of  special 
study  of  dentistry  for  at  least  two  years  in  a  registered  dental 
school;  nor  shall  said  degree  be  conferred  upon  any  one,  unless 
prior  to  matriculation  in  the  institution  conferring  his  profes- 


350  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

sional  degree,  or  before  beginning  the  second  course  of  lectures 
counted  toward  such  degree  he  shall  have  filed  with  said  institu- 
tion a  regents'  certificate  that  he  has  received  the  required  pre- 
liminary education  evidenced  as  aforesaid ;  provided  further,  how- 
ever, that  the  regents  may  confer  upon  all  persons  who  shall  have 
received  the  degree  of  master  of  dental  surgery  under  the  laws  of 
this  state,  prior  to  March  twenty-eighth,  nineteen  hundred  and 
one,  the  degree  of  doctor  of  dental  surgery  in  lieu  of  said  mas- 
ter's degree. 

§  198.  Liicenses.  On  certification  by  the  board  of  dental 
examiners  that  a  candidate  has  successfully  passed  its  examina- 
tions and  is  competent  to  practice  dentistry,  the  regents  shall 
issue  to  him  their  license  so  to  practice  pursuant  to  the  rules 
established  by  them.  On  the  recommendation  of  the  board,  the 
regents  may  also,  without  the  examination  hereinbefore  provided 
for,  issue  their  license  to  any  applicant  therefor  who  shall  furnish 
proof  satisfactory  to  them  that  he  has  been  duly  graduated  from  a 
registered  dental  school  and  has  been  thereafter  lawfully  and 
reputably  engaged  in  such  practice  for  six  years  next  preceding 
his  application ;  or  who  holds  a  license  to  practice  dentistry  in  any 
other  state  of  the  United  States  granted  by  a  state  board  of  dental 
examiners,  indorsed  by  the  dental  society  of  the  state  of  I^ew 
York,  provided,  that  in  either  case  his  preliminary  and  profes- 
sional education  shall  have  been  not  less  than  that  required  in  this 
state.  Every  license  so  issued  shall  state  on  its  faco  the  grounds 
on  which  it  is  granted  and  the  applicant  may  be  required  to  fur- 
nish his  proofs  on  affidavit. 

§  199.  Registration.  Every  person  practicing  dentistry 
in  this  state  and  not  lawfully  registered  before  April  seventeenth, 
eighteen  hundred  and  ninety-six,  shall  register  in  the  office  of 
the  clerk  of  the  county  where  his  place  of  business  is  located,  in  a 
book  kept  by  the  clerk  for  such  purpose,  his  name,  age,  office  and 
post-office  address,  date  and  number  of  his  license  to  practice 
dentistry  and  the  date  of  such  registration,  which  registration  he 
shall  be  entitled  to  make  only  upon  showing  to  the  county  clerk 
his  license  or  a  duly  authenticated  copy  thereof,  and  making  an 
affidavit  stating  name,  age,  birthplace,  the  number  of  his  license 
and  the  date  of  its  issue;  that  he  is  the  identicial  person  named 
in  the  license;  that  before  receiving  the  same  he  complied  with 
all  the  preliminary  requirements  of  this  article  and  the  rules  of 
the  regents  and  board  as  to  the  terms  and  the  amount  of  study 
and  examination;  that  no  money,  other  than  the  fees  prescribed 


PEACTICE    OF    PROFESSIONS  351 

•by  this  article  and  said  rules,  was  paid  directly  or  indirectly 
for  such  license,  and  that  no  fraud,  misrepresentation  or  mistake 
in  a  material  regard  was  employed  or  occurred  in  order  that 
such  license  should  be  conferred.  The  county  clerk  shall  preserve 
such  affidavit  in  a  bound  volume  and  shall  issue  to  every  licentiate 
duly  registering  and  making  such  affidavit,  a  certificate  of  regis- 
tration in  his  county,  which  shall  include  a  transcript  of  the 
regisitration.  'Such  transcript  and  the  license  may  be  offered  as 
presumptive  evidence  in  all  courts  of  the  facts  stated  therein. 
The  county  clerk's  fee  for  taking  such  registration  and  affidavit 
and  issuing  such  certificate,  shall  be  one  dollar.  A  practicing 
dentist  having  registered  a  lawful  authority  to  practice  dentistry 
in  one  county  of  the  state  and  removing  such  practice  or  part 
thereof  to  another  county,  or  regularly  engaging  in  practice  or 
opening  an  office  in  another  county,  shall  show  or  send  by  regis- 
tered mail  to  the  clerk  of  such  other  county  his  certificate  of 
registration.  If  sueh  certificate  clearly  shows  that  the  original 
registration  was  of  .an  authority  issued  under  seal  by  the  regents, 
or  if  the  certificate  itself  is  indorsed  by  the  regents  as  entitled 
to  registration,  the  clerk  shall  thereupon  register  the  applicant  in 
the  latter  county,  on  receipt  of  a  fee  of  twenty-five  c«nts,  and 
shall  stamp  or  indorse  on  such  certificate,  the  date  and  his  name, 

preceded  by  the  words,  "  registered  also  in '. 

county,"  and  return  the  certificate  to  the  applicant.  Any  person 
who  having  lawfully  registered  as  aforesaid  shall  thereafter 
change  his  name  in  any  lawful  manner  shall  register  the  new 
name  with  marginal  note  of  the  former  name;  and  shall  note 
upon  the  margin  of  the  former  registration  the  fact  of  such 
change  and  a  cross  reference  to  the  new  registration.  A  county 
clerk  who  knowingly  shall  make  or  suffer  to  be  made  upon  the 
book  of  registry  of  dentists  kept  in  his  office  any  other  entry  than 
is  provided  for  in  this  section  shall  be  liable  to  a  penalty  of  fifty 
dollars  to  be  recovered  by  the  state  dental  society  in  a  suit  in  any 
court  having  jurisdiction. 

§  200.  Examination  fees.  Every  applicant  for  license 
to  practice  dentistry  shall  pay  a  fee  of  not  more  than  twenty-five 
dollars.  From  the  fees  provided  by  this  article  the  regents  may 
pay  all  proper  expenses  incurred  by  them  under  its  provisions, 
and  any  surplus  at  the  end  of  any  academic  year  shall  be  paid 
to  the  society  nominating  the  examiners  to  defray  its  expenses 
incurred  under  the  law. 


352  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

§  201.  Revocation  of  licenses.  If  any  practitioner  of 
dentistry  be  charged  under  oath  'before  the  board,  with  unpro- 
fessional or  immoral  conduct,  or  with  gross  ignorance,  or  ineffi- 
ciency in  his  profession,  the  board  shall  notify  him  to  appear 
before  it  at  an  appointed  time  and  place,  with  counsel,  if  he  so 
desires,  to  answer  said  charges,  furnishing  to  him  a  copy  thereof. 
Upon  the  report  of  the  board  that  the  accused  has  been  guilty  of 
unprofessional  or  immoral  conduct,  or  that  he  is  grossly  ignorant 
or  inefficient  in  his  profession,  the  regents  may  suspend  the  person 
so  charged  from  the  practice  of  dentistry  for  a  limited  season,  or 
may  revoke  his  license.  Upon  the  revocation  of  any  license,  the 
fact  shall  be  noted  upon  the  records  of  the  regents  and  the  license 
shall  be  marked  as  canceled,  of  the  date  of  its  revocation.  Upon 
presentation  of  a  certificate  of  such  cancellation  to  the  clerk  of  any 
county  wherein  the  licentiate  may  be  registered,  said  clerk  shall 
note  the  date  of  the  cancellation  on  the  register  of  dentists  and 
cancel  the  registration.  A  conviction  of  felony  shall  forfeit  a 
license  to  practice  dentistry,  and  upon  presentation  to  the  regents 
or  a  county  clerk  by  any  public  officer  or  officer  of  a  dental  society 
of  a  certified  copy  of  a  court  record  showing  that  a  practitioner  of 
dentistry  has  been  convicted  of  felony,  that  fact  shall  be  noted 
on  the  record  of  license  and  clerk's  register,  and  the  license  and 
registration  shall  be  marked  "  canceled."  Any  person  who,  after 
conviction  of  a  felony  shall  practice  dentistry  in  this  state,  shall 
be  subject  to  all  the  penalties  prescribed  for  the  unlicensed  prac- 
tice of  dentistry,  providing  that  if  such  conviction  be  subsequently 
reversed  upon  appeal  and  the  accused  acquitted  or  discharged,  his 
license  shall  become  again  operative  from  the  date  of  such  ac- 
quittal or  discharge. 

§  202.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  prohibit  an  unlicensed  person  from  perform- 
ing merely  mechanical  work  upon  inert  matter  in  a  dental  office 
or  laboratory,  or  the  student  of  a  licentiate  from  assisting  the 
latter  in  his  performance  of  dental  operations  while  in  the  pres- 
ence and  under  the  personal  supervision  of  his  instructor;  or  a 
student  in  an  incorporated  dental  school  or  college  from  perform- 
ing operations  for  purposes  of  clinical  study  under  the  supervision 
and  instruction  of  preceptors;  or  a  duly  licensed  physician  from 
treating  diseases  of  the  mouth  or  performing  operations  in  oral 
surgery.  But  nothing  in  this  article  shall  be  construed  to  permit 
the  performance  of  independent  dental  operations  by  an  unli- 
censed person  under  cover  of  the  name  of  a  registered  practitioner 


PRACTICE    OF    PROFESSIONS  353 

or  in  his  office.  I^or  shall  anything  in  this  article  be  construed 
to  require  of  students  matriculated  in  registered  dental  or  medical 
schools  before  the  first  day  of  January,  nineteen  hundred  and 
^vej  any  other  or  higher  qualification  for  the  dental  license  or 
degree  than  was  demanded  by  existing  laws  as  interpreted  by  the 
regulations  of  the  regents  at  the  date  of  their  matriculation. 

§  203.  Penalties.  A.  A  person  who,  in  any  county  of  this 
state,  practices  or  holds  himself  out  to  the  public  as  practicing 
dentistry,  not  being  at  the  times  of  said  practice  or  holding  out, 
a  dentist  licensed  to  practice  as  such  in  this  state  and  registered 
in  the  office  of  the  clerk  of  such  county,  pursuant  to  the  general 
laws  regulating  the  practice  of  dentistry,  is  guilty  of  a  mis- 
demeanor and  punishable  upon  conviction  of  a  first  offense  by  a 
fine  of  not  less  than  fifty  dollars,  and  upon  conviction  of  a  subse- 
quent offense  by  a  fine  of  not  less  than  one  hundred  dollars,  or  by 
imprisonment  for  not  less  than  two  months  or  by  both  such  fine 
and  imprisonment.  Any  violation  of  this  secttion  by  a  person 
theretofore  convicted  under  the  then  existing  laws  of  this  state  of 
practicing  dentistry  without  license  or  registration,  shall  be  in- 
cluded in  the  term  "  sl  subsequent  offense."  Every  conviction  of 
unlawful  practice  or  holding  out  subsequent  to  a  first  conviction 
thereof  shall  be  a  conviction  of  a  second  offense.  Every  practi- 
tioner of  dentistry  must  display  in  a  conspicuous  place  upon  the 
house  or  in  the  office  wherein  he  practices  his  full  name.  If  there 
are  more  dental  chairs  than  one  in  any  office  or  dental  parlor  the 
name  of  the  practitioner  must  be  displayed  on  or  by  said  chair  in 
plain  sight  of  the  patient.  Any  person  who  shall  practice  dentistry 
without  displaying  his  name  as  herein  prescribed ;  and  any  pro- 
prietor, owner  or  manager  of  a  dental  office,  establishment  or 
parlor  who  shall  fail  so  to  display  or  cause  to  be  displayed  the 
name  of  each  person  employed  as  a  practicing  dentist  or  practic- 
ing as  a  dentist  in  said  office,  establishment  or  parlor,  shall  be 
guilty  of  a  misdemeanor  and  punishable  upon  a  first  conviction 
by  a  fine  of  fifty  dollars,  and  upon  every  subsequent  conviction 
by  a  fine  of  not  less  than  one  hundred  dollars,  or  by  imprisonment 
for  not  less  than  sixty  days,  or  by  both  fine  and  imprisonment. 

B.  A  person  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  every  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  two  hundred  and  fifty  dollars,  or  by  imprisonment  for 
not  less  than  six  months,  or  by  both  fine  and  imprisonment,  who 

1.  Shall  sell  or  barter  or  offer  to  sell  or  barter  any  diploma  or 
12 


354  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

document  conferring  or  purporting  to  confer  any  dental  degree  or 
any  certificate  or  transcript  made  or  purporting  to  be  made  pur- 
suant to  tJie  laws  regulating  the  license  and  registration  of  den- 
tists; or 

2.  Shall  purchase  or  procure  by  barter  any  such  diploma,  cer- 
tificate or  transcript  with  intent  that  the  same  shall  be  used  as 
evidence  of  the  qualifications  to  practice  dentistry  of  any  person 
other  than  the  one  upon  whom  it  was  lawfully  conferred  or  in 
fraud  of  the  laws  regulating  such  practice ;  or, 

3.  Shall,  with  fraudulent  intent,  alter  in  a  material  regard  any 
such  diploma,  certificate  or  transcript ;  or, 

4.  Shall  use  or  attempt  to  use  any  such  diploma,  certificate  or 
transcript  which  has  been  purchased,  fraudulently  issued,  counter- 
feited or  materially  altered  either  as  a  license  or  color  of  license  to 
practice  dentistry  or  in  order  to  procure  registration  as  a  dentist ; 
or, 

5.  Shall  practice  dentistry  under  a  false  or  assumed  name ;  or, 

6.  Shall  assume  the  degree  of  bachelor  of  dental  surgery,  doctor 
of  dental  surgery,  or  master  of  dental  surgery,  or  shall  append  the 
letters  B.  D.  S.,  D.  D.  'S.,  M.  D.  S.,  to  his  name,  not  having  had 
duly  conferred  upon  him  by  diploma  from  some  college,  school  or 
board  of  examiners  legally  empowered  to  confer  the  same,  the 
right  to  assume  said  titles ;  or  shall  assume  any  title  or  append  or 
prefix  any  letters  to  his  name  with  the  intent  to  represent  falsely 
that  he  has  received  a  medical  or  dental  degree  or  license;  or, 

7.  Shall  falsely  personate  another  at  any  examination,  held  by 
ithe  regents  or  by  the  board,  of  the  preliminary  or  professional 
education  of  candidates  for  dental  students'  certificates,  dental 
degrees  or  licenses,  or  who  shall  induce  another  to  make  or  aid  and 
abet  in  the  making  of  such  false  personation  or  who  shall  know- 
ingly avail  himself  of  the  benefit  of  such  false  personation,  or 
who  shall  knowingly  or  negligently  make  falsely  any  certificate 
required  by  the  regents  or  board  in  connection  with  their  examina- 
tions. 

C.  Any  person  who  in  any  affidavit  or  examination  required 
of  an  applicant  for  examination,  license  or  registration  under  the 
laws  regulating  the  practice  of  dentistr)^,  or  under  the  laws,  ordi- 
nances or  regulations  governing  the  regents'  examination  of  the 
preliminary  education  required  for  a  dental  student's  certificate 
shall  make  wilfully  a  false  statement  in  a  material  regard  shall  be 
guilty  of  perjury  and  punishable  upon  conviction  thereof  by  im- 
prisonment not  exceeding  ten  years. 


PRACTICE    OF    PROFESSIONS  355 

D.  All  courts  of  special  sessions  and  police  justices  sitting  as 
courts  of  special  sessions  shall  bave  jurisdiction  in  the  first  in- 
stance to  hear  and  determine  all  charges  of  misdemeanors  men- 
tioned in  this  article  committed  within  their  local  jurisdiction, 
and  to  impose  all  the  penalties  provided  for  misdemeanors  in  this 
article;  provided,  however,  that  the  power  of  said  courts  and  jus- 
tices tO'  hear  and  determine  such  charges  shall  be  divested,  if  be- 
fore the  commencement  of  a  trial  before  such  court  or  justice, 
a  grand  jury  shall  present  an  indictment  against  the  accused  per- 
son for  the  same  offense,  or  if  a  justice  of  the  supreme  court  or 
a  county  judge  of  the  county  shall  grant  a  certificate  in  the  man- 
ner provided  by  law  in  cases  of  misdemeanor,  that  it  is  reason- 
able that  such  charge  be  prosecuted  by  indictment. 

E.  All  fines,  penalties  and  forfeitures  of  bail  imposed  or  col- 
lected on  account  of  violations  of  the  laws  regulating  the  practice 
of  dentistry  must  be  paid  to  the  state  dental  society.  Said  society 
may  prefer  complaints  for  violations  of  the  law  regulating  the 
practice  of  dentistry  before  any  court,  tribunal  or  magistrate  hav- 
ing jurisdiction  thereof  and  may  by  its  officers,  counsel  and  agents 
aid  in  presenting  the  law  and  the  facts  before  such  court,  tribunal 
or  magistrate  in  any  proceeding  instituted  by  it. 

IV.    VETERINARY    MEDICINE    AND    SUR- 
GERY 

Public  Health  Law  (L.  1909,  ch.  49),  art.  10 

Section  210.  Definitions. 

211.  Qualifications  for  practice. 

212.  State  board  of  veterinary  medical  examiners. 

213.  Certificate  of  appointment;  oath;  powers. 

214.  Expenses. 

215.  Officers;  meetings;  quorum;  committees. 

216.  Admission  to  examination. 

217.  Questions. 

218.  Examinations  and  reports. 

219.  Licenses. 

220.  Registry. 

221.  Registration  in  another  county. 

222.  Certificate     presumptive     evidence;     unauthorized 

registration  and  license  prohibited. 

223.  Construction  of  this  article. 

224.  Penalties  and  their  collection. 


356  NEW    YORK    STATE    EDUCATIOI^    DEPARTMENT 

§  210.  Definitions.    As  used  in  this  article : 

1.  ^'  University  "  means  university  of  the  state  of  E^ew  York. 

2.  ''  Regent®  "  means  boiard  of  regents  of  the  university  of  the 
state  of  New  York. 

3.  ^'  Board  ''  means  a  board  of  veterinary  medical  examiners  of 
the  state  of  'New  York. 

4.  ^'  Veterinary  medical  examiner  "  means  a  member  of  a  board 
of  veterinary  medical  examiners  of  the  state  of  Xew  York. 

5.  "  Veterinary  school  "  means  any  veterinary  school,  college  or 
department  of  a  university,  registered  by  the  regents  as  maintain- 
ing a  proper  veterinary  medical  standard  and  as  legally  incor- 
porated. 

6.  "  Veterinary  medicine ''  means  veterinary  medicine  and  sur- 
gery, or  any  branch  thereof. 

7.  "  Veterinarian  "  means  veterinary  physician  and  surgeon. 

§  211.  Qualifications  for  practice.  No  person  shall 
practice  veterinary  medicine  after  July  first,  eighteen  hundred 
and  ninety-five,  unless  previously  registered  and  legally  author- 
ized, unless  licensed  by  the  regents  and  registered  as  required 
by  this  article ;  nor  shall  any  person  practice  veterinary  medicine 
who  has  ever  been  convicted  of  a  felony  by  any  court,  or  whose 
authority  to  practice  is  suspended  or  revoked  by  the  regents  on 
recommendation  of"  the  state  board.  Any  person,  a  citizen  of  the 
United  States  and  of  the  state  of  New  York,  who  matriculated  in 
a  reputable  veterinary  medical  school  prior  to  January  first,  eigh- 
teen hundred  and  ninety-five,  and  who  received  his  degree  there- 
from prior  to  January  first,  eighteen  hundred  and  ninety-seven,  or 
any  person  who  was  engaged  in  the  practice  of  veterinary  medicine 
prior  to  the  year  eighteen  hundred  and  eighty-six,  shall  be  ad- 
mitted to  the  veterinary  examination  for  license  to  practice,  as 
conducted  by  the  regents  of  the  university  of  the  state  of  New 
York. 

§  212.  State  board  of  veterinary  medical  exam- 
iners. There  shall  be  a  board  of  veterinary  medical  examiners 
of  five  members,  each  of  whom  shall  hold  office  for  five  years  from 
August  first  of  the  year  in  which  appointed.  The  New  York  state 
veterinary  medical  society  shall  at  each  annual  meeting  nomi- 
nate twice  the  number  of  examiners  to  be  appointed  that  year  on 
the  board.  The  names  of  such  nominees  shall  be  annually  trans- 
mitted under  seal  by  the  president  and  secretary  prior  to  May 
first,  to  the  regents  who  shall,  prior  to  August  first,  appoint  from 


PRACTICE    OF    PROFESSIONS  357 

such  lists  the  examiners  required  to  fill  any  vacancies  that  will 
occur  from  expiration  of  term  on  July  thirty-first.  Any  other 
vacancy,  however  occurring,  shall  likewise  be  filled  by  the  regents 
for  the  unexpired  term.  Each  nominee  before  appointment,  shall 
furnish  to  the  regents  proof  that  he  has  received  a  degree  in 
veterinary  medicine  from  a  registered  veterinary  medical  school 
and  that  he  has  legally  practiced  veterinary  medicine  in  this  state 
for  at  least  five  years.  If  no  nominees  are  legally  before  them 
from  the  society,  the  regents  may  appoint  from  members  in  good 
standing  in  the  veterinary  profession  without  restriction.  The  re- 
gents may  remove  any  examiner  for  misconduct,  incapacity  or 
neglect  of  duty. 

§  213.  Certificate  of  appointment;  oath;  po^v^ers. 
Every  veterinary  medical  examiner  shall  receive  a  certificate  of 
appointment  from  the  regents,  and  before  beginning  his  term  of 
office  shall  file  witb  the  secretary  of  state  the  constitutional  oath 
of  office.  The  board,  or  any  committee  thereof,  may  take  testi- 
mony and  proofs  concerning  all  matters  within  its  jurisdiction. 
The  board  may,  subject  to  the  regents'  approval,  make  all  by-laws 
and  rules  not  inconsistent  with  law  needed  in  performing  its 
duties,  but  no  by-laws  or  rules  by  which  more  than  a  majority 
vote  is  required  for  any  specified  action  by  the  board  shall  be 
amended,  suspended  or  repealed  by  a  smaller  vote  than  that  re- 
quired for  the  action  thereunder. 

§  214.  Expenses.  From  the  fees  provided  by  this  article 
the  regents  may  pay  all  proper  expenses  incurred  by  its  provisions, 
except  compensation  to  veterinary  medical  examiners,  and  any 
surplus  at  the  end  of  the  academic  year  shall  be  apportioned 
among  the  members  of  the  board  pro  rata  according  to  the  num- 
ber of  candidates  whose  answer  papers  have  been  marked  by  each. 

§  215.  Ofiicers;  meetings;  quorum;  committees.  The 
board  shall  annually  elect  from  its  members  a.  president  and  secre^ 
tary  for  the  academic  year,  land  shall  hold  one  or  more  meetings 
each  year  pursuant  to  the  call  of  the  regents.  •  At  any  meeting  a 
majority  shall  constitute  a  quorum ;  but  questions  prepared  by  the 
board  may  be  grouped  and  edited,  or  answer  papers  of  candidates 
may  be  examined  and  marked  by  committees  duly  authorized  by 
the  board  and  by  the  regents. 

§  216.  Admission  to  examination.  The  regents  shall 
admit  to  examination  any  candidate  who  pays  a  fee  of  ten  dollars 
and  submits  satisfactory  evidence,  verified  by  oath  if  required, 
that  he  (first)  is  more  than  twenty-one  years  of  age;  (second) 


358  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

is  of  good,  moral  cliaracter;  (third)  has  the  general  education 
required  in  all  cases  after  July  first,  eighteen  hundred  and 
ninety-seven,  preliminary  to  receiving  a  degree  in  veterinary  medi- 
cine; (fourth)  has  studied  veterinary  medicine  not  less  than  three 
full  years,  including  three  satisfactory  courses,  in  three  different 
academic  years,  in  the  veterinary  medical  school  registered  as 
maintaining  at  the  time  a  satisfactory  standard;  (fifth)  has  re- 
ceived a  degree  as  veterinarian  from  some  registered  veterinary 
medical  school.  The  degree  in  veterinary  medicine  shall  not  be 
conferred  in  this  state  before  the  candidate  has  filed  vrith  the 
institution  conferring  it,  the  certificate  of  the  regents  that  three 
years  before  the  date  of  the  degree,  or  before  or  during  his  first 
year  of  veterinary  medical  study  in  this  state,  he  has  either  gradu- 
ated from  a  registered  college  or  satisfactorily  completed  an 
academic  course  in  a  registered  academy  or  high  school ;  or  has  a 
preliminary  education  considered  and  accepted  by  the  regents  as 
fully  equivalent;  or  has  passed  regents'  examinations  equivalent 
to  the  minimum  requirement  in  such  preliminary  education  for 
candidates  for  medical  or  dental  degrees  in  this  state.  The  regents 
may,  in  their  discretion,  accept  as  the  equivalent  for  any  part  of 
the  third  and  fourth  requirement,  evidence  of  five  or  more 
years'  reputable  practice  in  veterinary  medicine,  provided  that 
such  substitution  be  specified  in  the  license. 

§  217.  Questions.  Each  member  of  the  board  shall  submit 
to  the  regents,  as  required,  lists  of  suitable  questions  for  thorough 
examination  in  comparative  anatomy,  physiology  and  hygiene, 
in  chemistry,  •  and  in  veterinary  surgery,  obstetrics,  pathology  and 
diagnosis  and  thera,peutics,  including  practice  and  materia  medica. 
From  these  lists  the  regents  shall  prepare  question  papers  for  all 
these  subjects,  which  at  any  examination  shall  be  the  same  for  all 
candidates. 

§  218.  Examinations  and  reports.  Examination  for 
license  shall  be  given  in  at  least  four  convenient  places  in  this 
state  and  at  least  four  times  annually,  in  accordance  with  the  re- 
gents' rules,  and  shall  be  exclusively  in  writing  and  in  English. 
Each  examination  shall  be  conducted  by  a!  regents'  examiner, 
who  shall  not  be  one  of  the  veterinary  medical  examiners.  At 
the  close  of  each  examination,  the  regents'  examiner  in  charge 
shall  deliver  the  questions  and  answer  papers  to  the  board,  or  to 
its  duly  authorized  committee,  atid  such  board,  without  unneces- 
sary delay,  shall  examine  and  mark  the  answers  and  transmit  to 
the  regents  an  official  report,  signed  by  its  president  and  secre- 


PRACTICE    OF    PEOFESSIONS  359 

lary,  stating  the  standing  of  each  candidate  in  each  branch,  his 
general  average  and  whether  the  board  recommends  that  a  license 
be  granted.  Such  report  shall  include  the  questions  and  answers 
and  shall  be  filed  in  the  public  records  of  the  university.  If  a 
candidate  fails  on  his  first  examination,  he  may,  after  not  less 
than  six  months'  further  study,  have  a  second  examination  with- 
out fee.  If  the  failure  is  from  illness  or  other  cause  satisfactory 
to  the  regents,  they  may  waive  the  required  six  months'  study. 

§  219.  liicenses.  On  receiving  from  the  state  board  an 
official  report  that  an  applicant  has  successfully  passed  the  exam- 
ination  and  is  recommended  for  license,  the  regents  shall  issue 
to  him,  if  in  their  judgment  he  is  duly  qualified  therefor,  a 
license  to  practice  veterinary  medicine.  Every  license  shall  be 
issued  by  the  university  under  seal  and  shall  be  signed  by  each 
acting  veterinary  medical  examiner  of  the  board  and  by  the  officer 
of  the  university  who  approved  the  credential  which  admitted  the 
candidate  to  examination,  and  shall  state  that  licensee  has 
given  satisfactory  evidence  of  fitness  as  to  age,  character,  pre- 
liminary and  veterinary  medical  education  and  all  other  matters 
required  by  law,  aiid  that  after  full  examination  he  has  been 
found  duly  qualified  to  practice.  Applicants  examined  and 
licensed  before  July  first,  eighteen  hundred  and  ninety-seven,  by 
other  state  examining  boards  registered  by  the  regents  as  main- 
taining standards  not  lower  than  those  provided  by  this  article, 
and  applicants  who  matriculated  in  a  'New  York  state  veterinary 
medical  school  before  July  first,  eighteen  hundred  and  ninety- 
six,  and  who  received  the  veterinary  degree  from  a  registered 
veterinary  medical  school  before  July  first,  eighteen  hundred  and 
ninety-seven,  may  without  further  examination,  on  payment  of 
ten  dollars  to  the  regents,  and  on  submitting  such  evidence  as 
they  may  require,  receive  from  them  an  indorsement  of  their 
license  or  diplomas  conferring  all  rights  and  privileges  of  a 
regents'  license  issued  after  examination.  If  any  person,  whose 
registration  is  not  legal  or  who  is  not  registered  because  of  some 
error,  misunderstanding  or  unintentional  omission,  shall  submit 
satisfactoi  f  proof  that  he  had  all  requirements  prescribed  by  law 
at  the  time  required  for  registration  and  was  entitled  to  be 
legally  registered,  he  may,  on  unanimous  recommendation  of  the 
state  board  of  veterinary  medical  examiners,  receive  from  the 
regents  under  seal  a  certificate  of  the  facts  which  may  be  regis- 
tered by  any  county  clerk  and  shall  make  valid  the  previous  imper- 


360  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

feet  registration.  Before  any  license  is  issued  it  shall  be  num- 
bered and  recorded  in  a  book  kept  in  the  regents'  office  and  its 
number  shall  be  noted  in  the  license.  This  record  shall  be  open 
to  public  inspection,  and  in  all  legal  proceedings  shall  have  the 
same  weight  as  evidence  that  is  given  to  a  record  of  conveyance 
of  land. 

§  220.  Registry.  Every  license  to  practice  veterinary  medi- 
cine shall,  before  the  licensee  begins  practice  thereunder,  be 
registered  in  a  book  to  be  known  as  the  "  veterinary  medical 
register,'-  which  shall  be  provided  by  and  kept  in  the  clerk's 
office  of  the  county  where  such  practice  is  to  be  carried  on,  with 
name,  residence,  place  and  date  of  birth,  and  source,  number  and 
date  of  its  license  to  practice.  Before  registering,  each  licensee 
shall  file,  to  be  kept  in  a  bound  volume  in  the  county  clerk's 
office,  an  affidavit  of  the  above  facts,  and  also  that  he  is  the  person 
named  in  such  license,  and  had,  before  receiving  the  same,  com- 
plied with  all  requisites  as  to  attendance,  terms  and  amount  of 
study  and  examination  required  by  law  and  the  rules  of  the 
university  as  preliminary  to  the  conferment  thereof,  and  no 
money  was  paid  for  such  license,  except  the  regular  fees,  paid  by 
all  applicants  therefor;  that  no  fraud,  misrepresentation  or  mis- 
take in  any  material  regard  was  employed  by  anyone  or  incurred 
in  order  that  such  license  should  be  conferred.  Every  license, 
or  if  lost,  a  copy  thereof,  legally  certified  so  as  to  be  admissible  as 
evidence,  or  a  duly  attested  transcript  of  the  record  of  its  con- 
ferment, shall,  before  registering,  be  exhibited  to  the  county  clerk, 
tvho,  only  in  case  it  was  issued  or  indorsed  as  a  license  under  seal 
by  the  regents,  shall  indorse  or  stamp  on  it  the  date  and  his  name 
preceded  by  the  words,  "  registered  as  authority  to  practice  vet- 
erinary medicine,  in  the  clerk's  office  of county." 

The  clerk  shall  thereupon  give  to  every  veterinarian  so  registered 
a  transcript  of  the  entries  in  the  register,  with  a  certificate  under 
seal  that  he  has  filed  the  prescribed  affidavit.  The  licensee  shall 
pay  to  the  county  clerk  a  total  fee  of  one  dollar  for  registration, 
affidavit  and  certificate. 

§  221.  Registration  in  another  county.  A  practicing 
veterinarian  having  registered  a  lawful  authority  to  practice 
veterinary  medicine  in  one  county,  and  removing  such  practice 
or  part  thereof  to  another  county,  or  regularly  engaging  in  prac- 
tice or  opening  an  office  in  another  county,  shall  show  or  send  by 
registered  mail  to  the  clerk  of  such  other  county,  his  certificate 


PRACTICE    OF    PROFESSIOI^S  361 

of  registration.  If  such  certificate  clearly  shows  that  the  original 
registration  was  of  an  a^ithority  issued  under  seal  by  the  regents, 
or  if  the  certificate  itself :  is  indorsed  by  the  regents  as  entitled  to 
registration,  the  clerk  shall  thereupon  register  the  applicant  in 
the  latter  county,  on  receipt  of  a  fee  of  twenty-five  cents,  and 
shall  stamp  or  indorse  on  such  certificate  ,the  date  and  his  name, 

preceded  by  the  words,  ''  registered  also  in county  " 

and  return  the  certificate  to  the  applicant. 

§  222.  Certificate  presuniptive  evidence;  unauthor- 
ized registration  and  license  prohibited.  Every  un- 
revoked certificate  and  indorsement  of  registry,  made  as  provided 
in  ithis  article,  shall  be  presumptive  evidence  in  all  courts  and 
places  that  the  person  named  therein  is  legally  registered.  Here- 
after no  person  shall  register  any  authority  to  practice  veterinary 
medicine  unless  it  has  been  issued  or  indorsed  as  a  license  by 
the  regents.  ^No  diploma  or  license  conferred  on  a  person  not 
actually  in  attendance  at  the  lectures,  instructions  and  examina- 
tions of  the  school  conferring  the  same,  or  not  possessed  at  the 
time  of  its  conferment  of  the  requirements  then  demanded  of 
veterinary  medical  students  in  this  atate  as  a  condition  of  their 
being  licensed  so  to  practice,  and  no  registration  not  in  accordance 
with  this  article  shall  be  lawful  authority  to  practice  veterinary 
medicine,  nor  shall  the  degree  of  doctor  of  veterinary  medicine 
be  conferred  causa  honoris  or  ad  eundem,  nor  if  previously  con- 
ferred shall  it  be  a  qualification  for  such  practice. 

§  223.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  affect  commissioned  veterinary  medical 
officers  serving  in  the  United  States  army,  or  in  the  United 
States  bureau  of  animal  industry  while  so  commissioned;  or  any 
person  for  giving  gratuitous  services  in  case  of  emergency;  or 
any  lawfully  qualified  veterinarian  in  other  states  or  countries 
meeting  legally  registered  veterinarians  in  this  state  in  consulta- 
tion; or  any  veterinarian  residing  on  a  border  of  a  neighboring 
state  and  duly  authorized  under  ithe  laws  thereof  to  practice 
veterinary  medicine  therein,  whose  practice  extends  into  this 
state,  and  who  does  not  open  an  office  or  appoint  a  place  to  meet 
patients  or  receive  calls  wiithin  this  state;  or  any  veterinarian 
duly  registered  in  one  county  called  to  attend  isolated  cases  in 
another  county,  but  not  residing  or  habitually  practicing  therein. 
This  article  shall  be  construed  to  repeal  all  acts  or  parts  of  acts 
authorizing  conferment  of  any  degree  in  veterinary  medicine, 


362  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

causa  honoris  or  ad  eundem,  or  otherwise,  than  on  students  duly 
graduated  after  satisfactory  completion  of  a  preliminary  and 
veterinary  medical  course,  not  less  than  that  required  by  this 
article,  as  a  condition  of  license. 

§  224.  Penalties  and  their  collection.  Every  person 
who  shall  practice  veterinary  medicine  within  this  state  without 
lawful  registration  or  in  violation  of  any  provision  of  this  article 
shall  forfeit  to  the  county  wherein  such  person  shall  so  practice, 
or  in  which  any  violation  shall  be  committed,  fifty  dollars  for 
every  such  violation,  and  for  every  day  of  such  unlawful  practice, 
and  any  incorporated  veterinary  medical  society  of  the  state  or 
any  county  veterinary  medical  society  of  such  county  entitled  to 
representation  in  a  state  society,  may  bring  an  action  in  the  name 
of  such  county  for  the  colleotion  of  such  penalties,  and  the  ex- 
pense incurred  by  such  society  in  such  prosecution,  including 
necessary  counsel  fees,  may  be  retained  by  such  society  out  of 
the  penalties  so  collected,  and  the  residue,  if  any,  shall  be  paid 
into  the  county  treasury.  Any  person  who  shall  practice  veteri- 
nary medicine  under  a  false  or  assumed  name  or  who  shall  falsely 
personate  another  practitioner  of  a  like  or  different  name,  shall 
be  guilty  of  a  felony ;  and  any  person  guilty  of  violating  any  of 
the  other  provisions  of  this  article,  not  otherwise  specifically 
punished  herein,  or  who  shall  buy,  sell  or  fraudulently  obtain  any 
veterinary  medical  diploma,  license,  record  or  registration,  or 
who  shall  aid  or  abet  such  buying,'  selling  or  fraudulently  obtain- 
ing, or  who  shall  praotice  veterinary  medicine  under  the  cover  of 
a  diploma,  or  license  illegally  obtained,  or  signed  or  issued  un- 
lawfully or  under  fraudulent  representation,  or  mistake  of  fact 
in  material  regard,  or  who,  after  conviction  of  a  felony,  shall 
attempt  to  practice  veterinary  medicine,  and  any  person  who 
shall,  without  having  been  authorized  so  to  do  legally,  append 
any  veterinary  title  to  his  or  her  name,  or  shall  assume  or  adver- 
tise any  veterinary  title  in  such  a  manner  as  to  convey  the  im- 
pression that  he  is  a  lawful  practitioner  of  veterinary  medicine 
or  any  of  its  branches,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
two  hundred  and  fifty  dollars  or  imprisonment  for  six  months 
for  the  first  offense,  and  on  conviction  of  a  subsequent  offense  by 
a  fine  of  not  less  than  five  hundred  dollars  or  imprisonment  for 
not  less  than  one  year,  or  by  both  fine  and  imprisonment. 


PRACTICE    OF    PROFESSIONS  36S 


V.  PHARMACY 

Public  Health  Law   (L.  1909,  ch.  49),  art.  11,  as  amended  by 
L.  1910,  ch.  422 

Section  230.  Definitions. 

231.  State  board  of  pharmacy;  appointments;  nomina- 

tions; examiners;  secretary;  expenses. 

232.  Powers  and  duties  of  the  board ;  records ;  employees. 

233.  Licenses;  certificates;  examinations;  rules. 

234.  Pharmacies;  drug  stores;  stores. 

235.  Apprentices  and  employees. 

236.  Working  hours  and  sleeping  apartments. 

237.  Adulterating;  misbranding  and  substituting. 

238.  Poison  schedules;  register;  opium  and  other  pre- 

scriptions. 

239.  Construction  of  article;  temporary  permits. 

240.  Revocation    of   license;    misdemeanors;    violations 

and  penalties. 

241.  Schedules  A,  B  and  C. 

§  230.  Definitions.  As  used  in  this  article:  1.  "Asso- 
ciation ''  means  the  New  York  state  pharmaceutical  association. 

2.  "  Board  ''  when  not  otherwise  limited,  means  the  'New  York 
state  board  of  pharmacy. 

3.  "  Chemicals  "  when  not  otherwise  limited,  means  the  chem- 
ical materials  of  medioine. 

4.  "  Council  "  means  the  New  York  state  pharmaceutical  coun- 
cil with  a  secretary  and  at  least  one  representative  from  each 
school  of  the  state  appointed  by  the  regents  for  a  period  of  five 
years. 

5.  "  Commissioner  "  means  the  commissioner  of  education  of 
the  state  of  New  York ;  "  Department,"  the  education  department 
of  the  state  of  New  York ;  "  University,"  the  university  of  the 
state  of  New  York ;  "  Regents,"  the  board  of  regents  of  the  uni- 
versity of  the  state  of  New  York  as  provided  by  the  education  law. 

6.  "  Drugs,"  where  Hot  otherwise  limited,  means  all  substances 
used  as  medicines  or  in  the  preparation  of  medicines.  "  Crude 
Drugs  "  means  drugs  that  have  not  been  changed  by  manufac- 
ture except  by  desiccation  or  comminution. 

7.  "  Examiner  "  means  a  member  of  the  state  board  of  phar- 
macy. 


SG4  KEW    YORK    STATE    EDUCATION    DEPARTMENT 

8.  "  Formulary ''  means  the  latest  edition  of  tlie  national  for- 
mulary. 

9.  ^'  Medicines/'  where  not  otherwise  limited,  means  a  drug 
or  preparation  of  drugs  in  suitable  form  for  use  as  a  curative  or 
remedial  substance. 

10.  ^^  Pharmacy/'  where  not  otherwise  limited,  means  the  place 
registered  by  the  board  in  which  drugs,  chemicals,  medicines, 
prescriptions  or  poisons  are  compounded,  dispensed  or  retailed. 

.  11.  '^Pharmacology"  is  the  science  that  treats  of  drugs  and 
medicines;  their  nature,  preparation,  administration  and  effect. 

12.  "  Pharmacopoeia,"  when  not  otherwise  limited,  means  the 
latest  edition  of  the  pharmacopoeia  of  the  United  States  of 
America. 

13.  '^  Physician  "  means  a  practitioner  of  medicine  as  defined 
by  article  eight  of  this  chapter;  "  Dentist"  means  a  practitioner 
of  dentistry  as  defined  by  article  nine,  and  ^'  Veterinarian,"  means 
a  practitioner  of  veterinary  medicine  as  defined  by  article  ten. 

14.  "  Poisons,"  where  not  otherwise  limited,  means  any  drug, 
chemical,  medicine  or  preparation  liable  to  be  destructive  to  adult 
human  life  in  quantities  of  sixty  grains  or  less. 

15.  ^'  Rules,"  where  not  otherwise  limited,  means  the  rules  of 
the  board  approved  by  the  regents. 

•  16.  "  School "  means  any  college  or  school  of  pharmacy,  or 
the  department  of  pharmacy  of  a  university,  whatever  the  cor- 
porate title,  registered  by  the  regents  as  maintaining  a  proper 
educational  standard  and  legally  incorporated. 

17.  "  Secretary "  means  the  secretary  of  the  state  board  of 
pharmacy. 

18.  "  Syllabus  "  means  the  latest  edition  of  the  syllabus  adopted 
by  the  board. 

§  231.  State  board  of  pharinacy;  appointments; 
nominations;  examiners;  secretary;  expenses.  The 
state  board  of  pharmacy  in  office  when  this  section  takes  effect 
shall  remain  in  office  until  August  first,  nineteen  hundred  and  ten. 
On  and  after  that  date  such  board  shall  consist  of  nine  examiners, 
four  of  whom  shall  be  residents  of  the  city  of  'New  York.  At 
the  annual  meeting  of  the  association  held  in  nineteen  hundred  and 
ten  there  shall  be  twenty-five  licensed  pharmacists  nominated 
by  ballot  whose  names  shall  be  submitted  to  the  regents,  imme- 
diately thereafter. 

Appointments.  From  the  number  thus  submitted  or  from  the 
other  licensed  pharmacists  of  the  state  the  regents  may  appoint 


PRACTICE    OF    PROFESSIONS  S^S 

nine  persons,  who  shall  constitute  the  board  of  -  pharmaey,  whose 
term  of  office  shall  begin  on  August  first,  nineteen  hnndred  and 
ten,  three  of  whom  shall  hold  office  for  a  term  of  one  year,  three 
for  a  term  of  two  years  and  three  for  a  term  of  three  years.  The 
successors  of  the  members,  whose  terms  of  office  have  expired, 
shall  be  appointed,  as  hereinafter  provided,  for  a  term  of  three 
years.  A  vacancy  in  the  office  of  any  member,  caused  otherwise 
than  by  expiration  of  term,  shall  be  filled  by  the  regents  for  the 
unexpired  term  of  such  member. 

]^ominations.  Thereafter,  at  each  annual  meeting  of  the  asso- 
ciation, nine  licensed  pharmacists  shall  be  nominated  by  ballot, 
whose  names  shall  be  submitted  to  the  regents  in  writing  under 
the  seal  of  the  association  by  the  president  and  secretary  thereof, 
promptly  after  the  adjournment  of  such  meeting.  From  the  num- 
ber thus  submitted  or  from  the  other  licensed  pharmacists  of  the 
state  the  regents  may  appoint  three  persons  to  succeed  the  mem- 
bers whose  terms  of  office  expire  on  the  following  July  thirty-first. 

Examiners.  'No  person  shall  be  appointed  as  an  examiner 
unless  he  is  a  licensed  pharmacist,  and  has  legally  practiced  as 
such  for  at  least  ten  years  in  this  state.  Each  of  the  candidates 
shall  present  proof  of  such  qualifications  to  the  regents.  The 
regents  may  remove  any  examiner  for  misconduct,  incapacity  or 
neglect  of  duty.  Each  examiner  shall  receive  a  certificate  of 
appointment  from  the  regents,  and  before  beginning  his  t^rm  df 
office  shall  take  and  file  with  the  secretary  of  state  the  constitu- 
tional oath  of  office.  The  board  or  any  committee  thereof  may 
employ  counsel,  may  compel  the  attendance  of  witnesses,  and  may 
take  testimony  and  proofs  concerning  all  matters  within  its  juris- 
diction. The  board  shall  make  such  rules  approved  by  the  regents 
not  inconsistent  with  the  law,  as  may  be  necessary  for  the  proper 
performance  of  its  duty,  but  no  rule  by  which  more  than  a 
majority  vote  is  required  for  any  specific  action  by  the  board 
shall  be  amended,  suspended,  or  repealed  by  a  smaller  vote  than 
that  required  for  action  thereunder. 

'Secretary.  The  secretary  shall  be  a  licensed  pharmacist  who 
has  legally  practiced  as  a  pharmacist  for  at  least  ten  years  in  this 
state.  He  shall  be  appointed  by  the  regents,  shall  hold  office  dur- 
ing their  pleasure  and  shall  receive  an  annual  salary  of  three 
thousand  dollars,  payable  from  the  moneys  received  under  this 
article.  He  shall  be  the  executive  officer  of  the  board  and  sliall 
have  such  powers  and  shall  perform  such  duties  as  are  prescribed 


366  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

by  the  rules.  The  secretary  in  office  when  this  article  takes  effect 
shall  continue  in  office  until  his  successor  has  been  appointed  as 
above  provided. 

Expenses.  All  fees,  fines,  penalties  and  other  moneys  derived 
from  the  operation  of  this  article  shall  be  paid  into  the  state 
treasury  and  the  legislature  shall  annually  appropriate  for  the 
department  lan  amount  sufficient  to  pay  all  proper  expenses  in- 
curred pursuant  to  this  article.  All  funds  in  the  custody  of 
the  state  board  of  pharmacy  when  this  act  takes  effect  shall  be 
imimediately  turned  over  to  the  department  and  shall  be  available 
for  the  payment  of  all  proper  expenses  of  the  board,  until  an 
appropriation  is  made  by  the  legislature  as  above  provided.  When 
such  lappropriation  is  so  made  the  unexpended  balance  of  the 
funds  so  turned  over  to  the  department  shall  be  paid  into  the 
state  treasury,  to  be  expended  as  in  the  case  of  other  moneys 
derived  from  the  operation  of  this  article. 

§  232.  "Povsrers  and  duties  of  the  board;  records; 
employees.  Prior  to  October  first  the  board  shall  annually 
elect  from  its  members  a  president  and  a  vice-president  for  the 
academic  year,  and  shall  hold  one  or  more  meetings  each  year. 
At  any  meeting  a  .majority  shall  constitute  a  quorum ;  but  ques- 
tions prepared  by  the  board  may  be  grouped  and  edited,  or  answer 
papers  of  candidates  may  be  examined  and  marked  by  committees 
duly  authorized  by  the  Ward  and  approved  by  the  regents. 

The  hoard  shall  have  power: 

(a)  To  regulate  the  practice  of  pharmacology. 

(b)  To  regulate  the  sale  of  drugs,  chemicals,  medicines  and 
poisons. 

(c)  To  regulate  the  employment  of  apprentices  and  employees 
in  pharmacies. 

(d)  To  regulate  the  working  hours  and  sleeping  apartments 
of  employees  in  pharmacies. 

(e)  To  regulate  and  control  the  character  and  standard  of 
drugs  and  medicines  compounded  and  dispensed  in  the  state,  to 
employ  inspectors  and  chemists,  to  secure  samples  and  to  prevent 
the  sale  of  such  drugs,  chemicals,  medicines  and  poisons  as  do 
not  conform  to  the  formulae,  standards  and  tests  of  the  pharma- 
copoeia and  formulary. 

(f )  To  regulate  the  retailing  of  poisons  and  to  adopt  schedules. 

(g)  To  issue  temporary  permits  limited  to  definite  areas. 

(h)  To  investigate  alleged  violations  of  the  provisions  of  this 


PRACTICE    OF    PROFESSIONS  367 

article,  to  conduct  hearings  in  respect  thereto  when,  in  its  dis- 
cretion, it  appears  to  be  necessary,  and  to  bring  the  same  to  the 
notice  of  the  attorney-general. 

Kecords.  It  shall  be  the  duty  of  the  board  in  its  rooms  pro- 
vided by  the  regents  to  preserve  a  record  of  all  licenses  and  cer- 
tificates which  shall  be  open  to  public  inspection  and  shall  have 
in  all  legal  proceedings  the  same  weight  as  evidence  that  is  given 
to  a  record  of  conveyance  of  lands.  It  shall  render  annually  to 
the  regents  and  the  association  a  report  of  all  its  proceedings  dur- 
ing the  preceding  year. 

Books,  records,  papers  and  properties  of  the  state  board  of 
pharmacy  and  of  each  branch  thereof  abolished  by  this  act  shall 
on  or  before  August  tenth,  nineteen  hundred  and  ten,  be  trans- 
ferred to  the  state  board  of  pharmacy,  organized  under  and  in 
pursuance  of  the  provisions  of  this  act  and  shall  be  preserved 
by  the  board. 

Employees.  The  clerks,  stenographers,  inspectors  and  em- 
ployees of  the  state  board  of  pharmacy  in  office  when  this  act 
takes  eifect  shall  be  transferred  to  the  department.  The  rules  of 
the  board,  made  as  hereinbefore  provided,  shall  specify  the  num- 
ber of  clerks,  stenographers,  inspectors  and  employees,  necessary 
to  carry  out  the  provisions  of  this  article.  The  clerks,  stenog- 
raphers, inspectors  and  employees  transferred  to  the  department 
as  above  provided,  or  hereafter  employed,  shall  be  subject  to  the 
same  rules  as  to  appointment  and  service  as  the  other  employees 
of  the  department. 

§  233.  liicenses;  certificates;  examinations;  rules. 
Satisfactory  evidence  verified  by  oath  shall  be  required  by  the 
regents  of  all  candidates  for  admission  to  the  examinations. 

Pharmacist.  They  shall  admit  to  the  examination  for  phar- 
macist any  candidate  that  pays  a  fee  of  ten  dollars  and 

1.  Is  more  than  twenty-one  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  beginning  the  first  year  of  study  in  the  school 
^fifteen  counts  or  the  equivalent. 

4.  Has  studied  pharmacology  as  outlined  in  the  syllabus  not 
less  than  two  years  in  a  school. 

5.  Has  either  received  the  diploma  of  graduate  in  pharmacy  or 
equivalent  degree  from  a  school,  or  a  license  conferring  the  full 
right  to  practice  pharmacology  in  some  foreign  country  registered 
■AS    meeting    the    minimum    requirements   of    this    article.     The 


368  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

diploma  of  graduate  in  pharmacy  or  equivalent  degree  shall  not 
be  conferred  on  any  one  that  did  not  file  with  the  school  at 
matriculation  the  pharmacy  student  certificate  required  above. 

6.  Has  had  four  years'  experience  in  a  registered  pharmacy, 
one  year  of  which  experience  within  five  years  of  the  date  of 
application  must  have  been  in  a  pharmacy  of  the  United  States 
under  the  personal  supervision  of  a  pharmacist. 

Druggist.  They  shall  admit  to  the  examination  for  druggist 
any  candidate  that  pays  a  fee  of  five  dollars  and 

1.  Is  more  than  eighteen  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Has  the  preliminary  and  professional  education  required 
by  the  rules. 

4.  Has  had  three  years'  experience  in  a  registered  pharmacy, 
one  year  of  which  experience  within  five  years  of  the  date  of 
application  must  have  been  in  a  pharmacy  of  the  United  States 
under  the  personal  supervision  of  a  pharmacist  or  druggist. 

Apprentice.  They  shall  admit  to  the  examination  for  appren- 
tice any  candidate  that  pays  a  fee  of  one  dollar  and 

1.  Is  more  than  fifteen  years  of  age. 

2.-  Is  of  a  good  moral  character. 

3.  Has  begun  an  apprenticeship  for  the  term  of  practical  ex- 
perience required  by  this  article. 

Storekeeper.  They  shall  admit  to  the  examination  for  store- 
keeper any  candidate  that  pays  a  fee  of  three  dollars  annually  and 

1.  Is  more  than  twenty-one  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Has  had  experience  in  dealing  in  drugs,  chemicals,  medi- 
cines and  poisons. 

Examinations.  The  board  shall  submit  to  the  regents  as  re- 
quired suitable  questions  for  thorough  examination  in  pharma- 
cology, both  written  and  practical,  as  outlined  in  the  syllabus. 

From  these  questions  the  secretary  shall  prepare  question  papers 
in  accordance  with  the  rules  which  at  any  examination  shall  be 
the  same  for  all  candidates.  Examinations -for  license  shall  be 
given  in  at  least  three  convenient  places-  in  the  state  and  at  least 
four  times  annually  in  accordance  with  the  rules.  The  practical 
examinations  shall  be  conducted  by  the  examiners,  the  written  by 
the  regents.  On  receiving  from  the  board  an  ofiicial  report  that 
an  applicant  has  successfully  passed  the  examinations  and  is  rec- 
ommended fpr  license,  the  regents  shall  issue  to  him  a  license  to 
practice  according  to  the  qualifications  of  the  applicant.     Every 


PRACTICE    OF    PROFESSIONS  3G9 

license  shall  be  issued  by  the  regents  under  seal  and  shall  be 
sigTied  by  the  commissioner,  each  examiner  and  by  the  secretary. 
Every  certificate  shall  be  issued  by  the  board  subject  to  rule  and 
shall  be  signed  by  the  secretary.  Applicants  examined  and  li- 
censed by  other  state  examining  boards  registered  by  the  regents 
as  maintaining  standards  not  lower  than  those  provided  by  this 
article  may  without  further  examination,  on  payment  of  twenty- 
five  dollars  to  the  regents  and  on  submitting  such  evidence  as  they 
may  require  receive  from  them  an  endorsement  of  their  licenses  or 
diplomas  conferring  all  rights  and  privileges  of  a  regents'  license 
after  examination. 

Before  any  license  or  certificate  is  issued  it  shall  be  numbered 
and  properly  recorded,  and  its  number  shall  be  noted  in  the  li- 
cense or  certificate.  The  regents  on  the  recommendation  of  the 
board  may  revoke  a  license  or  annul  a  certificate,  for  cause. 

Rules.  The  rules  of  the  board  and  of  the  regents  affecting 
examination,  registration  and  administration  continue  in  force 
until  revised  by  the  boa:rd  and  approved  by  the  regents. 

The  board  shall  make  rules  subject  to  the  approvalof  the  re- 
gents: 

1.  For  the  examination,  certification  and  registration  of  ap- 
prentices and  storekeepers. 

2.  For  the  surrendering  of  licenses,  issued  prior  to  January 
first,  nineteen  hundred  and  one. 

3.  For  the  acceptance  of  licenses  from  other  licensing  boards 
issued  prior  to  January,  nineteen  hundred  and  five,  in  lieu  of  a 
diploma. 

4.  For  the  accomplishment  of  the  trusts  reposed  in  them  by 
this  article  and  by  any  other  law  of  the  state. 

All  licenses  and  certificates  of  examination,  issued  tp  licensees 
by  former  boards  of  pharmacy,  shall  be  in  full  force  and  effect  in 
perpetuity  for  the  section  of  the  state  for  which  they  were  issued, 
and  all  certificates  of  registration  issued  during  nineteen  hundred 
and  ten  shall  be  valid  until  January  first,  nineteen  hundred  and 
eleven. 

§  234.  Pharmacies;  drug  stores;  stores.  Except  as 
prescribed  in  this  article,  it  shall  not  be  lawful  for  any  person 
to  practice  as  a  pharmacist,  druggist,  apprentice  or  storekeeper, 
or  to  engage  in,  conduct,  carry  on,  or  be  employed  in  the  dis- 
pensing, compounding  or  retailing  of  drugs,  chemicals,  medicines, 
prescriptions  or  poisons  within  this  state.     Every  plaee  in  which 


370  NEW    YORK    STATE    EDUCATIOI^    DEPAETMENT 

drugs,  chemicals,  medicines,  prescriptions  or  poisons  are  retailed, 
or  dispensed,  or  compounded,  shall  be  a  pharmacy,  a  drug  store, 
or  a  store;  shall  be  under  the  personal  supervision  of  a  pharmacist, 
a  druggist,  or  a  storekeeper  and  shall  be  annually  registered  in 
the  month  of  January  by  the  board  as  conducted  in  full  compli- 
ance  with  law  and  the  rules. 

Pharmacies.  It  shall  be  lawful  for  a  pharmacist  in  conform- 
ity with  the  rules,  to  take,  use  and  exhibit  the  titles  pharmacist 
and  registered  pharmacy  and  to  have  charge  of,  engage  in,  con- 
duct or  carry  on  for  himself  or  for  another  the  dispensing,  com- 
pounding, or  sale  of  drugs,  chemicals,  medicines,  prescriptions  or 
poisons  anywhere  within  the  state,  but  he  shall  have  personal 
supervision  of  not  more  than  one  pharmacy  or  drug  store  at  the 
same  time. 

Drug  stores.  It  shall  be  lawful  for  a  druggist  in  conformity 
with  the  rules  to  take,  use,  and  exhibit  the  titles  druggist  and 
registered  drug  store,  and  to  have  charge  of,  engage  in,  conduct 
or  carry  on  for  himself  or  for  another  the  dispensing,  compound- 
ing or  retailing  of  drugs,  chemicals,  medicines,  prescriptions  or 
poisons  anywhere  within  the  state,  in  a  place  of  not  more  than 
one  -thousand  inhabitants,  but  he  shall  have  charge  of  not  more 
than  one  drug  store  at  the  same  time.  He  may  be  employed  for 
the  purpose  of  dispensing  or  retailing  drugs,  chemicals,  medi- 
cines, prescriptions  and  poisons  in  a  registered  pharmacy  under 
the  management  and  personal  supervision  of  a  licensed  phar- 
macist; he  may  also  perform  such  duties  during  the  temporary 
absence  of  the  pharmacist,  except  in  cities  of  more  than  one 
million  inhabitants. 

Temporary  permits.  In  places  and  villages  of  a  thousand  in- 
habitants or  less  that  do  not  have  within  three  miles  a  pharmacy 
or  drug  store; 

1.  Physicians  may  compound  medicines,  fill  prescriptions  and 
sell  poisons  labeled  as  required  by  this  article. 

2.  Storekeepers  may  in  accord  with  the  rules  sell  medicines  and 
poisons  for  a  period  not  exceeding  one  year  upon  the  payment  of 
a  fee  of  three  dollars.  The  storekeeper's  certificate  is  limited  to 
the  village  or  place  where  the  storekeeper  resides  and  may  be 
limited  to  the  sale  of  certain  classes  of  poisons  sold  only  in  orig- 
inal packages  and  put  up  by  a  licensed  pharmacist  whose  name 
and  business  address  is  displayed  on  the  package. 


PRACTICE    OF    PROFESSIONS  371 

Stores.  It  shall  be  lawful  for  the  storekeeper  in  conformity 
with  the  rules  to  take,  use  and  exhibit  the  titles  certified  store- 
keeper and  registered  store  and  to  sell  medicines  and  poisons  for 
a  period  not  exceeding  one  year  in  a  village  or  place  of  the  stat& 
with  less  than  one  thousand  inhabitants  that  has  no  pharmacy  or 
drug  store  within  three  miles  of  it. 

Every  person  practicing  as  a  pharmacist  or  druggist  must  at 
all  times  display  his  license  conspicuously  in  his  place  of  busi- 
ness. The  proprietor  of  every  pharmacy,  drug  store  or  store  shall 
annually  in  the  month  of  January  report  under  oath  to  the  board 
any  facts  required  by  the  board,  shall  pay  the  registration  fee  of 
two  dollars  and  shall  receive  a  certificate  of  registration  that 
must  be  conspicuously  displayed  at  all  times  in  the  pharmacy, 
drug  store  or  store  with  all  licenses.  Every  person,  partnership, 
association  or  corporation  doing  business  as  the  proprietor  or  pro- 
prietors of  a  pharmacy,  drug  store  or  store  shall  cause  the  name 
of  such  proprietor  or  proprietors  to  be  displayed  upon  a  sign  con- 
spicuously placed  upon  the  exterior  of  the  building  and  this  sign 
shall  be  presumptive  evidence  of  ownership  of  such  pharmacy, 
drug  store  or  store.  The  proprietor  that  opens  a  pharmacy,  drug 
store  or  store  subsequent  to  the  month  of  January  shall,  within 
thirty  days  of  opening,  make  this  report,  pay  the  fee  and  display 
the  certificate  and  the  sign.  Every  proprietor  of  a  wholesale  or 
retail  pharmacy,  drug  store  or  store  is  responsible  for  the  strength, 
quality  and  purity  of  all  drugs  sold  or  dispensed  by  him,  subject 
to  the  guaranty  provisions  of  this  article. 

§  235.  Apprentices  and  employees.  Apprentices  may 
be  employed,  in  accordance  with  the  requirements  of  this  article 
and  the  rules,  in  registered  pharmacies  and  drug  stores  and  may 
receive  instruction  in  the  practice  of  pharmacology.  Apprentices 
may  prepare  or  dispense  receipts  or  prescriptions,  may  sell  or 
furnish  medicines  or  poisons  in  the  presence  of  and  under  the 
immediate  personal  supervision  of  a  pharmacist  or  druggist  who 
must  be  either  the  proprietor  or  in  the  actual  employ  of  the 
proprietor.  The  proprietor  as  principal  shall  be  equally  liable 
for  violations  of  this  article  by  his  apprentices  or  his  unlicensed 
employees.  Other  unlicensed  assistants  may  be  employed  in  regis- 
tered pharmacies  and  drug  stores  for  other  purposes  than  the 
practice  of  pharmacology  and  the  dispensing,  compounding  or 
retailing  of  drugs,  chemicals,  medicines,  prescriptions  or  poisons. 


372  NEW    YORK    STATE    EDUCATIOIi    DEPARTMENT 

§    236.    Working   hours   and   sleeping   apartments. 

'No  apprentice  or  employee  in  any  pharmacy  or  drug  store  shall 
be  required  or  permitted  to  work  more  than  seventy  hours  per 
week.  I^othing  in  this  section  prohibits  working  six  hours  over- 
time any  week  for  the  purpose  of  making  a  shorter  succeeding 
week,  provided,  however,  that  the  aggregate  number  of  hours  in 
any  such  two  weeks  shall  not  exceed  one  hundred  and  thirty-two 
hours.  The  hours  shall  be  so  arranged  that  an  employee  shall 
be  entitled  to  and  shall  receive  at  least  one  full  day  off  in  two 
consecutive  weeks.  No  proprietor  of  any  pharmacy  or  drug  store 
shall  require  any  clerk  to  sleep  in  any  room  or  apartment  in  or 
connected  with  such  store  that  does  not  comply  with  the  sanitary 
regulations  of  the  local  board  of  health.  [Amended  hy  L.  1911, 
ch.  630.] 

§  237.  Adulterating,  misbranding  and  substitut- 
ing.   A  drug  is  adulterated  in  any  of  the  following  cases: 

1.  When  sold  under  or  by  a  name  recognized  in  the  pharma^ 
copoeia  it  differs  from  the  standard  determined  by  the  test  or 
formula  given. 

2.  When  sold  under  or  by  a  name  recognized  in  the  formulary 
the  strength,  quality  or  purity  or  percentage  of  the  alkaloid  or 
alkaloids  or  other  potent  ingredient  or  ingredients  differs  from 
the  standard  determined  by  the  test  or  formula  given. 

3.  When  sold  under  or  by  a  name  not  recognized  in  or  accord- 
ing to  a  formula  not  given  in  the  pharmacopoeia  or  formulary  that 
is  found  in  some  other  standard  work  on  pharmacology  recog- 
nized by  the  board,  it  differs  in  strength,  quality  or  purity  from 
the  strength,  quality  or  purity  required,  or  the  formula  prescribed 
in  the  standard  work.  Provided,  however,  that  all  drugs  sold 
by  wholesalers  when  not  sold  to  a  consumer  shall  be  in  accordance 
with  the  provisions  of  the  national  food  and  drug  act  of  June 
thirtieth,  nineteen  hundred  and  six. 

4.  When  sold  as  a  homeopathic  drug  it  differs  from  the 
strength,  quality  or  purity  established  by  the  test  or  formula 
given  in  the  latest  edition  of  the  homeopathic  pharmacopoeia  of 
the  United  States  or  the  American  homeopathic  pharmacopoeia. 

5.  Its  strength,  quality  or  purity  differs  from  the  professed 
standard  of  strength,  quality  or  purity  under  which  it  is  sold. 

6.  It  contains  methyl  or  wood  alcohol  Avhen  intended  for  use  as 
a  medicine  exce"Dt  when  sold  as  a  veterinary  linim.ent  for  external 
use  only  and  so  labeled. 


PRACTICE    OF    PROFESSIONS  373 

Misbranding  and  substituting.     A  drug  is  misbranded  if 

1.  The  package  bears  any  statement,  design  or  device  that  is 
false  or  misleading  in  any  particular  regarding  its  contents,  re- 
garding the  state,  territory  or  county  in  which  it  is  manufactured 
or  produced. 

2.  It  is  an  imitation  or  is  offered  for  sale  under  the  name  of 
another  substance. 

3.  The  original  contents  of  the  package  have  been  removed  in 
whole  or  in  part  and  other  contents  added. 

4.  The  package  fails  to  bear  a  statement  of  the  percentage  con- 
tained therein  by  volume  of  alcohol  and  by  quantity  or  proportion 
of  morphine,  opium,  heroin,  chloroform,  cannabis  indica,  chloral 
hydrate,  acetanilide  or  any  derivative  or  preparation  of  any  of 
these  substances. 

5.  The  package  containing  a  homeopathic  drug  fails  to  state 
that  fact. 

These  statements  shall  be  made  in  type  easily  read,  conspicu- 
ously displayed  and  described  by  their  common  or  English  names. 
Alcohol  used  as  a  solvent,  preservative  or  for  any  other  purpose 
is  contained  in  the  drug  within  the  meaning  of  this  article.  Noth- 
ing in  this  paragraph  applies  to  the  compounding  and  dispensing 
of  drugs  and  medicines  on  the  written  prescription  of  a  physician, 
dentist  or  veterinarian,  which  prescription  shall  be  k(ipt  on  file  by 
the  pharmacist  or  druggist.  'Nor  does  it  apply  to  unadulterated 
drugs  recognized  in  the  pharmacopoeia  and  the  formulary  .and 
the  homeopathic  pharmacopceia  sold  under  the  names  by  which 
they  are  recognized  therein,  and  not  sold  under  a  proprietary 
name,  trade  name  or  trade  mark.  All  adulterated,  misbranded  or 
substituted  drugs  are  forfeited  to  the  board  for  destruction. 

§  238.  Poison  schedules;  register;  opium  and  other 
prescriptions.  It  is  unlawful  for  any  person  to  sell  at  retail 
or  to  furnish  any  of  the  poisons  of  schedules  A  and  B  without 
affixing  or  causing  to  be  affiixed  to  the  bottle,  box,  vessel  or  pack- 
age, a  la'bel  with  the  name  of  the  article  and  the  word  poison 
distinctly  shown  ^and  with  the  name  and  place  of  business  of  the 
seller  all  printed  in  red  ink  together  with  the  name  of  such  poisons 
printed  or  written  thereupon  in  plain,  legible  characters. 

Wholesale  dealers  in  drugs,  medicines,  pharmaceutical  prepara- 
tions, chemicals  or  poisons  shall  affix  or  cause  to  be  'affixed  to 
every  bottle,  box,  parcel  and  outer  inclosure  of  an;^  original  pack- 


374  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

age  containing  any  of  the  articles  of  scliedule  A  a  suitable  label 
or  brand  in  red  ink  with  the  word  poison  upon  it. 

Register.  Every  person  who  disposes  of  or  sells  at  retail  or 
furnishes  any  poisons  included  in  schedule  A  shall  before  deliv- 
ering the  same  enter  in  a  book  kept  for  that  purpose  the  date  of 
sale,  the  name  and  address  of  the  purchaser,  the  name  and  the 
quantity  of  the  poison,  the  purpose  for  which  it  is  purchased  and 
the  name  of  the  dispenser.  The  poison  register  must  be  always 
open  for  inspection  by  the  proper  autb.orities  and  must  be  pre- 
served for  at  least  five  years  after  the  last  entry.  He  shall  not 
deliver  any  of  the  poisons  of  schedule  A  or  B  until  he  has  satis- 
fied himself  that  the  purchaser  is  aware  of  its  poisonous  character 
and  that  the  poison  is  to  be  used  for  a  legitimate  purpose.  The 
provisions  of  this  paragraph  do  not  apply  to  the  dispensing  of 
medicines  or  poisons  on  physician's  prescriptions. 

The  board  shall  add  to  any  of  the  schedules  from  time  to  time 
as  such  action  becomes  necessary  for  the  protection  of  the  public. 
Schedules  A,  B  and  C  shall  remain  in  force  till  amended  by  the 
rules. 

Prescriptions  of  opium,  morphine  and  chloral,  !^^o  pharmacist, 
druggist,  or  other  person  shall  refill  more  than  once,  prescriptions 
containing  opium  or  morphine  or  preparations  of  either  of  them  or 
chloral,  in  which  the  dose  of  opium  shall  exceed  one-quarter  of  a 
grain,  or  of  morphine  one-twentieth  of  a  grain,  or  of  chloral  ten 
grains,  except  upon  the  written  order  of  a  physician. 

§  239.  Construction  of  article;  temporary  permits. 
This  article  shall  not  apply  to  the  practice  of  a  physician  that  is 
not  the  proprietor  of  a  pharmacy,  drug  store  or  store,  or  that  is 
not  in  the  employ  of  such  a  proprietor.  Except  as  to  the  quality 
of  drugs  dispensed  it  shall  not  prevent  physicians  from  supplying 
their  patients  with  such  articles  as  the  physician  deems  proper. 
This  article  shall  not  be  construed  as  precluding  the  ownership  of 
a  pharmacy  or  drug  store  by  an  unlicensed  person,  firm  or  cor- 
poration provided  such  pharmacy  or  drug  store  be  conducted  in 
accordance  with  the  provisions  of  said  article.  Except  as  to  the 
labeling  of  poison  and  to  adulterating,  misbranding  and  substi- 
tuting, it  shall  not  apply. 

1.  To  the  sale  of  drugs,  medicines,  chemicals,  prescriptions  or 
poisons  at  wholesale  when  not  for  the  use  or  consumption  of  the 
purchaser. 


PRACTICE    OF    PROFESSIONS  375 

2.  To  the  sale  of  paris  green,  white  hellebore  and  other  poisons 
for  destroying  insects. 

3.  To  the  sale  of  any  substance  for  use  in  the  arts. 

4.  To  the  manufacture  and  sale  of  proprietary  medicines. 

5.  To  the  sale  by  merchants  of  the  articles  in  schedule  C. 

§  24:0.  Revocation  of  license;  misdemeanors;  vio- 
lation and  penalties.  No  license  or  certificate  shall  be 
granted  to  any  applicant  guilty  of  felony  or  gross  immorality, 
or  that  is  addicted  to  the  use  of  alcoholic  liquors  or  narcotic  drugs 
to  such  an  extent  as  to  render  him  unfit  to  practice  pharmacology. 
Any  license  or  certificate  obtained  by  misrepresentation  or  fraud 
or  that  is  held  by  any  one  unfit  or  incompetent  from  negligence, 
habits  or  other  cause  may  be  revoked  after  reasonable  notice  and 
an  opportunity  to  be  heard.  The  wilful  and  repeated  violation 
of  any  of  the  provisions  of  this  article  or  the  rules  is  sufficient 
cause  for  the  revocation  of  a  license  or  certificate.  The  license 
or  certificate  revoked  shall  on  formal  notice  be  delivered  imme- 
diately to  the  fboard. 

Misdemeanors.     It  is  a  misdemeanor  for 

1.  Any  person  to  procure  or  to  attempt  to  procure  a  license 
or  certificate  for  himself  or  for  any  other  person  by  making,  or 
causing  to  be  made,  any  false  representations. 

2.  Any  pharmacist  to  permit  the  compounding  and  dispensing 
of  prescriptions  of  medical  practitioners  in  his  pharmacy  by  any 
unlicensed  person  or  persons,  except  in  the  presence  of  and  under 
the  immediate  personal  supervision  of  a  pharmacist  or  druggist. 

3.  Any  unlicensed  person  to  prepare  or  to  dispense  a  medical 
prescription  or  physician's  prescription,  or  to  dispense  or  to  sell 
at  retail  poisons  or  medicines  except  under  the  immediate  per- 
sonal supervision  of  a  pharmacist  or  druggist  whose  license  is 
displayed  in  the  pharmacy  or  drug  store. 

4.  Any  unlicensed  person  to  open  or  to  conduct  or  to  have 
charge  of,  or  to  supervise  any  pharmacy,  drug  store  or  store  for 
retailing,  dispensing  or  compounding  drugs,  chemicals,  medicines, 
prescriptions  or  poisons. 

5.  Any  person  to  fraudulently  represent  himself  to  be  licensed. 

6.  Any  person  to  intentionally  prevent  or  knowingly  refuse  to 
permit  any  examiner  or  inspector  to  enter  a  pharmacy,  drug  store 
or  store  for  the  purpose  of  lawful  inspection. 

7.  Any  person  whose  license  or  certificate  has  been  revoked,  to 
refuse  to  deliver  the  certificate  or  license. 


376  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

8.  Any  person  to  omit  his  name  from  the  sign  and  any  holdei* 
of  a  license  or  certificate  to  fail  to  display  the  same. 

9.  Any  proprietor  of  a  pharmacy  or  drug  store  to  require  more 
than  seventy  working  hours  a  week  in  other  arrangement  than 
that  permitted  by  section  two  hundred  and  thirty-six ;  and  for  any 
proprietor  of  a  pharmacy  or  drug  store  to  violate  the  provisions 
of  the  same  section  in  regard  to  sleeping  apartments.  [Amended 
hy  L.  1911,  ch.  630.] 

10.  Any  person  to  adulterate,  misbrand  or  substitute  any  drug 
knowing  or  intending  that  it  shall  be  used,  or  sells,  offers  for 
sale  or  causes  to  be  sold  any  adulterated,  misbranded  or  substituted 
drug. 

11.  Any  person  to  violate  any  of  the  provisions  of  this  article 
in  relation  to  the  wholesaleing,  retailing  or  dispensing  of  drugs, 
chemicals,  medicines,  prescriptions  and  poisons  for  which  viola- 
tion no  other  punishment  is  imposed. 

Violations  and  penalties.  Any  person  that  violates  any  of  the 
provisions  of  this  article  who  is  not  criminally  prosecuted,  as  for 
a  misdemeanor,  shall  forfeit  to  the  people  of  the  state  of  New 
York  the  sum  of  fifty  dollars  for  every  such  violation,  which 
may  be  paid  to  the  board  or  sued  for  and  recovered  in  the  name 
of  the  people  of  the  state  of  IsTew  York  in  an  action  brought 
therefor  by  the  attorney-general. 

A  person  accused  of  violation  of  any  of  the  provisions  of  this 
article  relating  to  adulterating,  misbranding  or  substitution  shall 
not  be  prosecuted  or  convicted  or  suffer  any  of  the  penalties,  fines 
or  forfeitures  for  such  violation,  if  he  establishes  upon  the  hear- 
ing or  trial  that  the  drug  or  drugs  alleged  to  be  *adultered,  mis- 
branded  or  substituted  were  purchased  by  him  under  a  guaranty 
of  the  manufacturer  or  seller  to  the  effect  that  said  drug  or  drugs 
were  not  adulterated  or  misbranded  within  the  meaning  of  this 
article  and  proves  that  he  has  not  adulterated,  misbranded  or  sub- 
stituted the  same.  A  guaranty  in  order  to  be  a  defense  to  a  prose- 
cution or  to  prevent  conviction  or  to  afford  protection,  must  state 
that  the  drug  or  drugs  to  which  it  refers  are  not  *adultered,  mis- 
branded or  substituted  within  the  meaning  of  the  provisions  of 
the  statute  of  l^ew  York  state  and  must  state  also  the  full  name, 
and  place  of  business  of  the  manufacturer,  wholesaler,  jobber  or 
other  person  from  whom  the  drug  or  drugs  were  purchased.  In 
construing  and  enforcing  the  provisions  of  this  article  the  word 

*  So  in  original. 


PRACTICE    OF    PKOFESSIONS  377 

^^  person "  shall  import  both  the  plural  and  singular  and  shall 
include  corporations,  companies,  partnerships,  societies  and  asso- 
ciations, and  the  act,  omission  or  failure  of  any  officer,  agent  or 
other  person  acting  for  or  employed  hj  any  corporation  or  asso- 
ciation within  the  scope  of  his  authority  or  employment  shall 
in  every  case  'be  deemed  to  be  the  act,  omission  or  failure  of  the 
corporation  or  association  as  well  as  that  of  the  officer,  agent  or 
other  person;  and  that  in  case  of  violation  of  the  provisions  of 
this  article  by  a  partnership,  association  or  corporation,  every 
member  of  the  partnership  or  association  and  the  directors  and 
general  officers  of  the  corporation  and  the  general  manager  of 
the  partnership,  association  or  corporation,  shall  be  individually 
liable  and  any  action,  prosecution  or  proceeding  authorized  by 
this  article  may  be  brought  against  any  or  all  of  such  persons. 
When  any  prosecution  under  this  article  or  under  section  eleven 
hundred  and  forty-two,  section  eighty,  section  eighty- one,  section 
eighty-two,  section  seventeen  hundred  and  forty-two,  section 
seventeen  hundred  and  forty-three,  section  seventeen  hundred  and 
forty-five,  section  seventeen  hundred  and  forty-six,  section  seven- 
teen hundred  and  forty-seven,  section  seventeen  hundred  and 
forty-eight,  section  seventeen  hundred  and  forty-nine  and  section 
seventeen  hundred  and  sixty  of  the  penal  law  and  any  amend- 
ment thereto  is  made  on  the  complaint  of  the  board,  any  fines 
collected  shall  be  paid  into  the  state  treasury  as  provided  by  this 
article. 

§  2.  Such  article  of  such  chapter  is  hereby  amended  by  adding 
thereto  a  new  section  to  be  section  two  hundred  and  forty-one 
thereof,  to  read  as  follows : 

§  241.  Schedules  A,  B  and  C.  These  schedules  remain 
in  force  until  revised  by  the  board  and  approved  by  the  regents. 

Schedule  A.  Arsenic,  atropine,  corrosive  sublimate,  potassium 
cyanide,  chloral  hydrate,  hydrocyanic  acid,  morphine,  strychnine 
and  all  other  poisonous  vegetable  alkaloids  and  their  salts,  oil  of 
bitter  almond  containing  hydrocyanic  acid,  opium  and  its  prepa- 
rations, except  paregoric  and  such  others  as  contain  less  than  two 
grains  of  opium  to  the  ounce. 

Schedule  B.  Aconite,  belladonna,  cantharides,  colchicum, 
conium,  cotton  root,  digitalis,  ergot,  hellebore,  henbane,  Phyto- 
lacca, strophanthus,  oil  of  savin,  oil  of  tansy,  veratrum  viride  and 
their  pharmaceutical  preparations,  arsenical  solutions,  carbolic 
acid,  chloroform,  creosote,  croton  oil,  white  precipitate,  strophan- 


378  l^EW    YORK    STATE    EDUCATION    DEPARTMENT 

thus,  methyl  or  wood  alcohol,  mineral  aoids,  oxalic  acid,  paris 
green,  salts  of  lead,  salts  of  zinc,  white  hellebore,  or  any  drug, 
chemical  or  preparation  which,  according  to  the  pharmacopoeia 
and  formulary  and  homeopathic  pharmacopoeias,  is  destructive  to 
adult  human  life  in  quantities  of  sixty  grains  or  less. 

Schedule  C.  Ammonia  water,  bicarbonate  of  soda,  borax,  cam- 
phor, castor  oil,  cream  of  tartar,  dye  stuffs,  essence  of  peppermint, 
essence  of  wintergreen,  non-poisonous  flavoring  essences  or  ex- 
tracts, glycerine,  licorice,  olive  oil,  sal  ammoniac,  saltpetre,  sal 
soda,  epsom  salt,  rochelle  salt,  sulphur,  cod  liver  oil,  vaseline, 
petroleum  jellies,  oil  of  origanum,  oil  of  spike,  flaxseed,  rock 
candy,  butter  color,  malt  extract,  extract  of  beef,  beef  iron  and 
wine,  extract  of  witch  hazel,  quinine  pills,  cathartic  pills,  seidlitz 
powders,  bay  rum,  perfumes,  toilet  water,  turmeric,  talcum  pow- 
der, composition  powder,  porous  plasters,  court  plasters,  copperas, 
alum,  gum  arable,  lithia  water. 

§  3.  This  act  shall  not  affect  pending  actions  or  proceedings, 
civil  or  criijiinal  brought  by  or  against  the  state  board  of  phar- 
macy, as  the  same  was  constituted  prior  to  the  taking  effect  of 
such  act,  but  such  actions  or  proceedings  shall  be  prosecuted  or 
defended  to  a  final  conclusion,  in  the  same  manner,  by  the  state 
board  of  pharmacy  constituted  as  herein  provided,  or  by  the  officer 
having  jurisdiction  in  respect  thereto.  The  provisions  of  this 
act  shall  not  be  construed  so  as  to  affect  or  impair  any  act  done, 
or  right  accruing,  accrued  or  acquired,  or  any  penalty,  forfeiture, 
or  punishment  incurred  prior  to  the  time  when  this  act  or  any 
part  thereof  takes  effect,  under  or  by  *virtiue  of  the  law  amended 
by  such  act,  but  the  same  may  be  asserted,  enforced,  prosecuted 
or  inflicted,  as  fully  and  to  the  same  extent  as  if  tliis  amendatory 
act  had  not  been  passed. 

§  4.  Section  three  hundred  and  eighteen  of  such  chapter  is 
hereby  repealed. 

§  5.  This  act  shall  take  effect  August  first,  nineteen  hundred 
and  ten,  except  that  the  provisions  contained  in  section  two  hun- 
dred and  thirty-one,  which  relate  to  the  nomination  and  appoint- 
in  ent  of  members  of  the  state  board  of  pharmacy  and  the  organiza: 
tion  of  said  board,  shall  take  effect  immediately. 

*  So  in  original. 


PRACTICE    OF    PROFESSIONS  379 

VI.  REGISTRATION  OF  NURSES 

Public  Health  Law  (L.  1909,  ch.  49)  art.    12 

Sention  250.  Who  may  practice  as  registered  nurses. 

251.  Board  of  examiners;  examination;  fees. 

252.  Waiver  of  examination. 

253.  Violations  of  this  article. 

§  250.  "Who  may  practice  as  registered  nurses.    Any 

resident  of  the  state  of  New  York,  being  over  the  age  of  twenty- 
one  years  and  of  good  moral  character,  holding  a  diploma  from  a 
training  school  for  nurses  connected  with  a  hospital  or  sanitarium 
giving  a  course  of  at  least  two  years,  and  registered  by  the  re- 
^nts  of  the  university  of  the  state  of  New  York  as  maintaining 
in  this  and  other  respects  proper  standards,  all  of  which  shall  be 
determined  by  the  said  regents,  and  who  shall  have  received  from 
the  said  regents  a  certificate  of  his  or  her  qualifications  to  practice 
as  a  registered  nurse,  shall  be  styled  and  known  as  a  registered 
nurse,  and  no  other  person  shall  assume  such  title,  or  use  the  ab- 
breviation R.  N.  or  any  other  words,  letters  or  figures  to  indicate 
that  the  person  using  the  same  is  such  a  registered  nurse.  Before 
beginning  to  practice  nursing  every  such  registered  nurse  shall 
•cause  such  certificate  to  be  recorded  in  the  county  clerk's  ofiice  of 
the  county  of  his  or  her  residence  with  an  afiidavit  of  his  or  her 
identity  as  the  person  to  whom  the  same  was  so  issued  and  of  his 
or  her  place  of  residence  within  such  county.  In  every  thirty- 
sixth  montli  from  thie  month  of  January,  nineteen  hundred  and 
six,  every  registered  nurse  shall  again  cause  his  or  her  certificate 
to  be  recorded  in  the  said  county  clerk's  office,  with  an  affidavit  of 
his  or  her  identity  as  the  person  to  whom  the  same  was  issued,  and 
of  his  or  her  place  of  residence  at  the  time  of  such  re-registration. 
Nothing  contained  in  this  article  shall  be  considered  as  conferring 
any  authority  to  practice  medicine  or  to  undertake  the  treatment 
or  cure  of  disease  in  violation  of  article  eight  of  this  chapter. 

§  251.  Board  of  ezaxniners ;  examination;  fees.  The 
board  of  examiners  of  nurses  appointed  pursuant  to  laws  of 
nineteen  hundred  and  three,  chapter  two  hundred  and  ninety- 
three,  is  continued.  The  New  York  state  nurses'  association  at 
each  annual  meeting  shall  nominate  for  examiners  two  of  their 
members  who  have  had  not  less  than  Rve  years'  experience  in 
their  profession.     Upon  the  expiration  of  the  term  of  office  of  any 


380  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

examiner  now  in  office  the  regents  of  the  university  of  the  state 
of  JSTew  York  shall  from  the  candidates  so  nominated  fill  the 
vacancy  for  a  term  of  five  years  and  until  Itis  or  her  successor  is 
chosen.  An  unexpired  term  of  an  examiner  caused  by  death, 
resignation  or  otherAvise,  shall  be  filled  by  the  regents  in  the  same 
manner  as  an  original  appointment  is  made.  The  said  regents, 
with  the  advice  of  the  board  of  examiners  above  provided  for, 
shall  make  rules  for  the  examination  of  nurses  applying  for  cer- 
tification under  this  article,  and  shall  charge  for  examination  and 
for  certification  a  fee  of  five  dollars  to  meet  the  actual  expenses, 
and  shall  report  annually  their  receipts  and  expenditures  under 
the  provisions  of  this  article,  to  the  state  comptroller,  and  pay  the 
balance  of  receipts  over  expenditures  to  the  state  treasurer.  The 
said  regents  may  revoke  any  such  certificate  for  sufficient  cause 
after  written  notice  to  the  holder  thereof  and  hearins:  thereon.  No 
person  shall  thereafter  practice  as  a  registered  nurse  under  any 
such  revoked  certificate. 

§  252.  Waiver  of  examination.  The  regents  of  the 
university  of  the  state  of  ]Srew  York  may  upon  the  recommenda- 
tion of  said  board  of  examiners,  waive  the  examination  of  any 
person  possessing  the  qualifications  mentioned  in  section  two  hun- 
dred and  fifty,  who  shall  have  been  graduated  before,  or  who  were 
in  training  on  the  twenty-fourth  day  of  April,  nineteen  hundred 
and  three,  and  shall  thereafter  be  graduated. 

§  253.  Violations  of  this  article.  Any  violation  of  this 
article  shall  be  a  misdemeanor.  When  any  prosecution  under  this 
article  is  made  on  the  complaint  of  the  New  York  state  nurses^ 
association,  the  certificate  of  incorporation  of  which  was  filed  and 
recorded  in  the  office  of  the  secretary  of  state  on  the  second 
day  of  April,  nineteen  hundred  and  two,  the  fines  collected  shall 
be  paid  to  said  association  and  any  excess  in  the  amount  of  fines 
so  paid  over  the  expenses  incurred  by  said  association  in  enforc- 
ing the  provisions  of  this  article  shall  be  paid  at  the  end  of  each 
year  to  the  treasurer  of  th)e  state  of  New  York. 

VII.  OPTOMETRY 

Public  Health  Law  (L.  1909,  ch.  49)  art.  15 

Section  300.  Definition;  application  of  article. 

301.  State  board  of  examiners. 

302.  Powers  of  board. 


PRACTICE    OF    PROFESSIONS  381 

Section  303.  Examinations;  certificates  of  practitionei-s. 

304.  Certificate  to  be  recorded  and  displayed. 

305.  Fees. 

306.  Kevocation  of  certificate. 

307.  Violations  of  article. 

308.  Construction  of  article. 

§  300.  Definition;  application  of  article.  The  prac- 
tice of  optometry  is  defined  to  be  the  employment  of  any  means, 
other  than  the  use  of  drugs,  for  the  measurement  of  the  powers  of 
vision  and  the  adaptation  of  lenses  for  the  aid  thereof. 

§  301.  State  board  of  examiners.  The  board  of  ex- 
aminers in  optometry  is  continued.  The  members  of  said  board 
now  in  office  shall  continue  in  office  until  the  expiration  of  their 
respective  terms.  Such  board  of  examiners  shall  consist  of  five 
persons,  appointed  by  the  state  board  of  regents,  and  shall  possess 
sufficient  knowledge  of  theoretical  and  practical  optics  to  practice 
optometry  and  shall  have  been  residents  of  this  state  actually  en- 
gaged in  the  practice  of  optometry  for  at  least  five  years.  The 
term  of  each  member  of  said  board  shall  be  three  years,  or  until 
his  successor  is  appointed,  and  vacancies  shall  be  filled  for  the  un- 
expired term  only. 

§  302.  Poivers  of  board.  Said  board  of  examiners  shall, 
subject  to  the  approval  of  the  regents,  make  such  rules  and  regu- 
lations, not  inconsistent  with  the  law,  as  may  be  necessary  for  the 
proper  performance  of  its  duties;  any  member  of  the  board  may 
upon  being  duly  desigiiated  by  the  board,  or  a  majority  thereof, 
administer  oaths  or  take  testimony  concerning  any  matter  within 
the  jurisdiction  of  the  board. 

§  303.  Examinations;  certificates  of  practitioners. 
Every  person  desiring  to  commence  or  to  continue  the  practice  of 
optometry  after  January  first,  nineteen  hundred  and  nine,  except 
as  hereinafter  provided,  upon  presentation  of  satisfactory  evi- 
dence, verified  by  oath,  that  he  is  more  than  twenty-one  years  of 
age,  of  good  moral  character,  has  a  preliminary  education  equiva- 
lent to  at  least  two  years  in  a  registered  high  school,  and  has  also 
studied  at  least  three  years  in  a  registered  optometrist's  office, 
or  has  graduated  from  a  school  of  optometry,  maintaining  a 
standard  satisfactory  to  said  board  of  regents,  shall  take  an  exam- 
ination before  said  board  of  examiners  to  determine  his  qualifica- 
tions therefor.  Every  candidate  successfully  passing  such  exam- 
ination shall  be  registered  by  said  board  of  regents  as  possessing 


382  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

the  qualifications  required  by  this  article,  and  shall  receive  from 
said  board  of  regents  a  certificate  thereof,  but  any  person  who 
shall  submit  to  saiid  board  of  examiners  satisfactory  proof  as  to 
his  character,  competency,  and  qualifications,  and  that  he  has  been 
continuously  engaged  in  thie  practice  of  optometry  in  this  state 
for  more  than  two  years  next  prior  to  the  time  that  chapter  four 
hundred  and  sixty  of  the  laws  of  nineteen  hundred  and  eight 
took  effect,  may  upon  the  recommendation  of  said  board  of  exam- 
iners receive  from  thfe  board  of  regents  a  certificate  of  exemption 
from  such  examination,  which  certificate  shall  be  registered,  and 
entitle  him  to  practice  optometry  under  this  article.  Every  person 
who  was,  on  the  twenty-first  day  of  May,  nineteen  hundred  and 
eight,  when  section  two  hundred  and  nine-d  of  the  public  health 
law,  as  then  known,  took  effect,  entitled  to  a  certificate  of  exemp- 
tion as  therein  provided,  but  who  failed  or  neglected  to  make  ap- 
plication therefor  and  present  evidence  to  entitle  him  thereto,  on 
or  before  January  first,  nineteen  hundred  and  nine,  a^  provided 
by  said  section,  must  make  such  application  and  present  such  evi- 
dence on  or  before  July  first,  nineteen  hundred  and  nine,  or  he 
shall  be  deemed  to  have  waived  his  right  tO'  such  certificate.  Be- 
fore any  certificate  is  issued  it  shall  be  numbered  and  recorded  in 
a  book  kept  in  the  regents'  office  and  its  number  shall  be  noted 
upon  the  certificate.  A  photograph  of  the  person  registered  shall 
be  filed  with  the  record  and  a  duplicate  thereof  afl&xed  to  the  cer- 
tificate. In  all  legal  proceedings  the  record  and  photograph  so 
kept  in  the  regents'  office  or  certified  copies  thereof  shall  be  prima 
facie  evidence  of  the  facts  therein  stated.  [As  amended  hy  L. 
1909,  ch.  134.] 

§  304.  Certificate  to  be  recorded  and  displayed. 
Every  person  to  whom  a  certificate  of  either  registration  or  ex- 
emption shall  be  issued  shall  immediately  cause  the  same  to  be  re- 
corded in  thie  clerk's  office  in  the  county  of  his  residence,  and  also 
in  the  clerk's  office  of  each  other  county  wherein  he  shall  then 
practice  or  thereafter  commence  the  practice  of  optometry ;  every 
person  practicing  optometry  must  also  display  his  certificate  of 
registration  or  exemption  in  a  conspicuous  place  in  the  principal 
office  wherein  he  practices  optometry  and,  whenever  required,  ex- 
hibit such  certificate  to  said  board  of  examiners  or  its  authorized 
representatives.  And  whenever  practicing  said  profession  of 
optometry  outside  of,  or  away  from,  said  office  or  place  of  business, 
he  shiall  deliver  to  each  customer  or  person  so  fitted  with  glasses. 


PEACTICE  OF  PROFESSIONS  383 

a  bill  of  purchase,  which  shall  contain  his  signature,  home  post- 
office  address,  and  the  number  of  his  certificate  of  registration  or 
exemption,  together  with  a  specification  of  the  lenses  furnished 
and  the  price  charged  therefor. 

§  305.  Fees.  The  fee  for  such  examination  shall  be  fifteen 
dollars;  for  a  certificate,  of  registration,  ten  dollars,  and  for  a 
certificate  of  exemption,  five  dollars,  to  be  paid  to  the  board  of 
regents  and  constitute  a  fund  for  expenses  made  necessary  by  this 
article.  Such  fees  shall  be  paid  into  the  state  treasury  and  the 
legislature  shall  annually  appropriate  therefrom  for  the  education 
department  an  amount  sufficient  to  pay  all  proper  expenses  in- 
curred pursuant  to  this  article.  The  fee  to  be  paid  to  the  county 
clerk  for  recording  a  certificate  shall  be  fifty  cents. 

§  306.  Revocation  of  certificate.  The  board  of  regents 
shall  have  power  to  revoke  any  certificate  of  registration  or 
exemption  granted  by  it  under  this  article,  the  holder  of  which 
is  guilty  of  any  fraud  or  deceit  in  his  practice,  has  been  con- 
victed of  crime,  or  is  an  habitual  drunkard,  or  grossly  incom- 
petent to  practice  optometry.  Proceedings  for  revocation  of  a 
certificate  or  the  annulment  of  registration  shall  be  begun  by 
filing  a  written  charge  or  charges  against  the  accused.  These 
charges  may  be  preferred  by  any  person  or  corporation,  or  the 
regents  may  on  their  own  motion  direct  the  executive  officer  of 
the  board  of  regents  to  prefer  said  charges.  Said  charges  shall  be 
filed  with  the  executive  officer  of  the  board  of  regents,  and  a  copy 
thereof  filed  with  the  secretary  of  the  board  of  optometry  ex- 
aminers. The  board  of  optometry  examiners,  when  charges  are 
preferred,  shall  designate  three  of  their  number  as  a  committee  to 
hear  and  determine  said  charges.  A  time  and  place  for  the 
hearing  of  said  charges  shall  be  fixed  by  said  committee  as  soon  as 
convenient,  and  a  copy  of  the  charges,  together  with  a  notice  of  the 
time  and  place  when  they  will  be  heard  and  determined,  shall  be 
served  upon  the  accused  or  his  counsel,  at  least  ten  days  before 
the  date  actually  fixed  for  said  hearing.  Where  personal  ser- 
vice or  service  upon  counsel  cannot  be  affected,  and  such  fact  is 
certified  on  oath  by  any  person  duly  authorized  to  make  legal 
service,  the  regents  shall  cause  to  be  published  for  at  least  seven 
times  for  at  least  twenty  days  prior  to  the  hearing,  in  two  daily 
papers  in  the  county  in  which  the  optometrist  was  last  known  to 
practice,  a  notice  to  the  effect  that  at  a  definite  time  and  place  a 
hearing  will  be  had  for  the  purpose  of  hearing  charges  against 


384  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

the  optometrist  upon  an  application  to  revoke  his  certificate.  At 
said  hearing  the  accused  shall  have  the  right  to  cross-examine  the 
witnesses  against  him  and  to  produce  witnesses  in  his  defense,  and 
to  appear  personally  or  by  counsel.  The  said  committee  shall 
make  a  written  report  of  its  findings  and  recommendations,  to  be 
signed  by  all  its  members,  and  the  same  shall  be  forthwith  trans- 
mitted to  the  executive  office  of  the  board  of  regents.  If  the  said 
committee  shall  unanimously  find  that  said  charges,  or  any  of 
them,  are  sustained,  and  shall  unanimously  recommend  that  the 
certificate  of  the  accused  be  revoked  or  his  registration  be  annulled, 
the  regents  may  thereupon,  in  their  discretion,  revoke  said  certifi- 
cate or  annul  said  registration,  or  do  both.  If  the  regents  shall 
annul  such  registration,  they  shall  forthwith  transmit  to  the  clerk 
of  the  county  or  counties  in  which  said  accused  is  registerf^d  as  an 
optometrist,  a  certificate  under  their  seal  certifying  that  such  reg- 
istration has  been  annulled,  and  said  clerk  shall,  upon  receipt  of 
said  certificate,  file  the  same  and  forthwith  mark  said  registration 
^'  annulled."  Any  person  who  shall  practice  optometry  after  his 
registration  has  been  marked  "  annulled  "  shall  be  deemed  to  have 
practiced  optometry  without  registration.  Where  the  certificate  of 
any  person  has  been  revoked,  or  his  registration  has  been  annulled 
as  herein  provided,  the  regents  may,  after  the  expiration  of  one 
year,  entertain  an  application  for  a  new  certificate,  in  like  manner 
as  original  applications  for  certificates  are  entertained ;  and  upon 
such  new  application  they  may  in  their  discretion  exempt  the  ap- 
plicant from  the  necessity  of  undergoing  any  examination. 

§  307.  Violations  of  article.  No  person  not  a  holder  of 
a  certificate  of  registration  or  exemption  duly  issued  to  him  and 
recorded  as  above  provided  shall  after  January  first,  nineteen 
hundred  and  nine,  practice  optometry  within  this  state.  N'o  per- 
son shall  falsely  personate  a  registered  optometrist  of  a  like  or 
different  name,  nor  buy,  sell,  or  fraudulently  obtain  a  certifi- 
cate of  registration  or  exemption  issued  to  another.  Practicing 
or  offering  to  practice  optometry,  or  the  public  representation 
of  being  qualified  to  practice  the  same  by  any  person  not  author- 
ized to  practice  optometry,  shall  be  sufficient  evidence  of  a  viola- 
-tion  of  this  article.  Any  violations  of  the  provisions  of  this  article 
shall  be  a  misdemeanor  and  courts  of  special  sessions  shall  have 
jurisdiction  of  all  such  violations. 

§  308.  Construction  of  article.  ISTothing  in  this  article 
shall  be  construed  to  apply  to  duly  licensed  physicians  authorized 


PEACTICE  OF  PROFESSIONS  385 

to  practice  medicine  under  tlie  laws  of  the  state  of  New  York 
nor  to  persons  who  neither  practice  nor  profess  to  practice  optom- 
etry, who  sell  spectacles,  eyeglasses  or  lenses  either  on  prescription 
from  such  physicians  or  from  such  duly  qualified  optometrists, 
or  as  merchandise  from  permanently  located  and  established  places 
of  business. 


VIII.  PUBLIC  ACCOUNTANTS 

General  Business  Law  (L.  1909,  ch.  25) 
§  80.  Certified  public  accountants.  Any  citizen  of  the 
United  States,  or  person  who  has  duly  declared  his  intention  of 
becoming  such  citizen,  residing  or  having  a  place  for  the  regular 
transaction  of  business  in  the  state,  being  over  the  age  of  twenty- 
one  years  and  of  good  moral  character,  and  who  shall  have  re- 
ceived from  the  regents  of  the  university  a  certificate  of  his  quali- 
fications to  practice  as  a  public  expert  accountant  as  hereinafter 
provided,  shall  be  styled  and  known  as  a  certified  public  ac- 
countant; and  no  other  person  shall  assume  such  title,  or  use  the 
abbreviation  C.  P.  A.  or  any  other  words,  letters  or  figures,  to 
indicate  that  the  person  using  the  same  is  such  certified  public 
accountant. 

§  81.  Regents  to  make  rules.  The  regents  of  the  uni- 
versity shall  make  rules  for  the  examination  of  persons  applying 
for  certificates  under  this  article,  and  may  appoint  a  board  of 
three  examiners  for  the  purpose,  which  board  shall  be  composed 
of  certified  public  accountants.  The  regents  shall  charge  for  ex- 
amination and  certificate  such  fee  as  may  be  necessary  to  meet 
the  actual  expenses  of  such  examinations,  and  they  shall  report, 
annually,  their  receipts  and  expenses  under  the  provisions  of  this 
article  to  the  state  comptroller,  and  pay  the  balance  of  receipts 
over  expenditures  to  the  state  treasurer.  The  regents  may  revoke 
any  such  certificate  for  sufficient  cause  after  written  notice  to  the 
holder  thereof  and  a  hearing  thereon. 

§  82.  Misdemeanor.  Any  violation  of  this  article  shall  be 
a  misdemeanor. 
13 


386  NEW    YORK    STATE    EDUCATION    DEPARTMENT 

IX.  CERTIFIED  SHORTHAND  REPORTERS 

General  Business  Laiv  (L.  1909,  ch.  25) 

ARTICLE  8-A 

Certified  shorthand  reporters 

(Article  added  by  L,  1911,  ch.  587.) 

Section  85.  Certified  shorthand  reporters;  qualifications. 

86.  Idem;  examination  and  certification. 

87.  Exceptions. 

88.  Violations. 

§  85.  Certified  shorthand  reporters;  qualifica- 
tions. Any  citizen  of  the  United  States,  or  person  who  has  duly 
declared  his  intention  of  becoming  such  citizen,  residing  or  having 
a  place  for  the  regular  transaction  of  business  in  this  state,  being 
over  the  age  of  twety-one  years,  and  of  good  moral  character,  and 
who  shall  have  received  from  the  regents  of  the  university  a  certifi- 
cate of  his  qualifications  to  practice  as  a  public  shorthand  reporter 
as  hereinafter  provided,  shall  be  styled  and  known  as  a  certified 
shorthand  reporter,  and  no  other  person  shall  assume  such  title 
or  use:  the  abbreviation  C.  S.  R.,  or  any  other  words,  letters  or 
figures  to  indicate  that  the  person  using  the  same  is  such  certified 
shorthand  reporter. 

§  86.  Idem;  examination  and  certification.  The 
regents  of  the  university  shall  make  rules  for  the  examination  of 
persons  applying  for  certificates  under  this  article  and  shall  ap- 
point a  board  of  three  examiners  for  the  purpose,  which  board 
shall  after  the  year  nineteen  hundred  and  fourteen  be  composed  of 
certified  shorthand  reporters.  The  term  of  office  of  the  members 
of  such  board  of  examiners  shall  be  three  years,  except  that  of 
the  first  board  appointed  under  this  article,  one  member  shall 
hold  office  for  one  year,  one  member  for  two  years,  and  one  mem- 
bcT  for  three  years,  such  respective  terms  to  be  determined  by 
the  regents  of  the  university,  who  shall  also  fill  any  vacancies 
which  may  occur  in  such  board.  The  regents  shall  charge  for 
examination  and  certificate  such  fee  as  may  be  necessary  to  meet 
the  actual  expenses  of  such  examinations,  and  they  shall  report 
annually  their  receipts  and  expenses  under  the  provisions  of  this 


PRACTICE    OF    PROFESSIONS  387 

article  to  the  state  comptroller,  and  pay  the  balance  of  the  re- 
ceipts over  expenditures  to  the  state  treasurer.  The  regents  may 
revoke  any  such  certificate  for  sufficient  cause  after  written  notice 
to  the  holder  thereof,  and  a  hearing  thereon. 

§  87.  Exceptions.  The  regents  may,  in  their  discretion, 
waive  the  examination  of  any  person  possessing  the  qualifications 
mentioned  in  section  eighty-five,  who  shall  have  been  for  more  than 
three  years  before  the  enactment  of  this  article  practicing  in  this 
state,  solely  on  his  ovm  account,  as  a  public  shorthand  reporter, 
or  who  is  at  the  time  this  article  takes  effect  a  shorthand  reporter 
duly  appointed  as  an  official  in  any  court  of  this  state,  and  who 
shall  apply  in  writing  for  such  certificate  within  one  year  after 
this  article  takes  effect. 

§  88.  Violations.  Any  violation  of  the  provisions  of  this 
article  shall  be  a  misdemeanor. 


INDEX 


Abolition   of    libraries,    218-19. 
Academic  departments,  5. 
academies  changed  to,  73. 
apportionment,   113. 

for  nonresident  pupils,   114. 
boards  of  education,  powers,  73. 
establishment,  69-70. 
Academic   examinations,    11. 
Academic  quota,  113. 
Academies 

apportionment   to,    113. 

changed   to   academic   departments, 

73. 
charters,  13. 
defined,  5. 
dissolution,  li5-18. 
retransfer   to  former   trustees,    73- 

74. 
trustees,  73. 
Accountants,   11,  38o. 
Actions 

against   school   officers,    160. 
county  judge  to  compel  district  to 

levy  tax  for  costs,  160,  161. 
expenses  of  district  officers   in  de- 
fending, tax  for,  45. 
for  recovery  of  taxes,  99. 
supervisors     sue     for     money     due 

from  school  officers,  32. 
teachers'  wages,  unpaid,  45. 
trustees,  against   predecessor,   60. 
provisions   of   code   of   civil   pro- 
cedure, 275. 
Affidavits,     commissioner     of    educa- 
tion may  take,  25. 
district  superintendents  may  take, 
90. 
Age  of  pupils,  124,  131. 
Agricultural       education,       advisory 
board  in  relation  to,  301. 


Agriculture,  schools  of,  126-30,  188- 

98. 
authority    of   the   board   of   educa- 
tion over,   128. 
courses  for    training    of    teachers, 

130. 
estimates  and  appropriations,  129- 

30. 
state  aid  for,  128-29. 
supervision     by     commissioner     of 

education,  24. 
Alcoholic  drinks,  see  Physiology  and 

hygiene. 
Alfred    University,    state    school    of 

agriculture,  192-93. 
Annual  meetings,  see  School  meetings. 
Apparatus 

apportionment  for,  113,  114. 
boards    of    education    to    purchase, 

60,  70. 
district  to  vote  tax  for,  45. 
exempt  from  taxation,  37. 
expenditures  for,  58. 
loans,  11. 
purchase  of,  from  proceeds  of  sale 

of  schoolhouse  or  site,  106-7. 
repairs,  58. 
Appeals 

from  action  of  joint  meeting  alter- 
ing school  districts,  30. 
to  commissioner  of  education,  162- 

64. 
from  district  superintendents'  acts 

and  decisions,  91. 
district    superintendents    to    report 

testimony    to    commissioner     of 

education,  90. 
expenses    of    district    officers,    tax 

for,  45. 
See  also  Decisions. 


3S9 


390 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Appellate    division    libraries,    222-28. 
Appointments     of     officers    and    em- 
ployees of  Education  Department,  7. 
Apportionment,     see     Public     library 

money;     School     libraries;     School 

moneys. 
Arbor  day,   147-48. 
Archives  in  state  library,  212. 
Art  associations,  incorporation,  13. 
Assessment,  see  Taxes. 
Associations,  incorporation,  13. 
Attendance 

compulsory,   131. 
of  Indians,   167. 

record  of,   122,  134. 
Attendance  officers,  136. 

Indian  schools,  169. 

interference  with,   136-37. 
Attorneys,  admission  of,  319-33. 

Ballot  boxes 

boards  of  education  to  provide,  64- 
65. 

trustees  shall  provide,  48. 
Ballots    in    common    school    districts, 

form  of,  48.  * 
Banking   law,    extract   from,    295-96. 
Banks 

savings,  in  schools,  295-96. 

taxation  of,  264-68. 
Bequests 

authorized,    307-9. 

to  corporations,  306-14. 

of    personal    property    other    than 
money  or  securities  exempt,  3 14. 

transfer  tax,  exemptions  from,  314. 

See  also  Gifts;  Trusts. 
Birds,  birds'  nests  and  eggs,   permit 

to  make  collection,  316. 
Blackboards,  district  to  vote  tax  for, 

44. 
Blind,   instruction   of,    170-75. 

required  attendance,  131. 
Boards  of  education,  61-76. 

academy,    may    adopt    as   academic 
department,  73. 

appointment    of    officers    in    union 
free  school  district,  53. 

bonds,  issue  of,   109--10. 


Boards  of  education   {continued) 

condemnation    of    land    for    school- 
house  site,  107. 

contracts    with    trustees    in    other 
districts,   125. 

corporate  bodies,  62. 

defined,  6. 

election,  34,  62-65. 

disputes  concerning,  65. 
in  new  district,  65-66. 
inspectors,  64. 
notice  of,  64. 
record  of  votes,  64. 
special,  65. 

expenditures,  limitation  upon,  72. 

fire  drills,  duties  relating  to,   146. 

fire  escapes,  construction,   104. 

industrial  and  trade  schools,  duties 
relating  to,  127. 

ineligibility,  47. 

kindergartens^  to  maintain,  71. 

library  property,  transfer  of,  219- 
20. 

meetings,  71. 
annual,  66, 

members,  school  officers,  6. 

night    schools,    to    maintain,    71. 

number  of  members  in  certain  dis- 
tricts, 66-67. 

powers  and  dtities,  68-71. 

president,  02. 

records,  74. 

removals  from  office,  26,  68,  70. 

reports,  74. 

filed  with  commissioner   of   edu 
cation  on  request,  27. 

report    of    pupils    from    other    dis- 
tricts, 126. 

school     libraries,     appointment     of 
librarian,  219. 

school  meetings,  duties  relating  to, 
35,  36-37. 
special,  may  call,  42, 

school    moneys,    custody    and    pay- 
ment of,  72. 
estimate  of  expenditures,   74-75. 

schoolhouses,      outbuildings,      pro- 
vision for,  105. 

sites,     designation     without     vote, 
106. 


INDEX   TO   EDUCATION   LAW   1910 


?>0J 


Boards  of  education   {continued) 
superintendent    of    schools,    super- 
vision, 71. 
supervision     by     commissioner     of 

education,  26. 
taxes    for    payment   of    bonded    in- 
debtedness   of    school    district, 
to  raise,  31. 
certified  to  corporate  authorities, 

75-76. 
may  levy  without  vote,  75. 
teachers,  contract  with,  123. 
relationship  to,  124. 
training  schools  or  classes,  may 
establish,  151-52. 
term  of  office,  63,  65-66,  67,  68. 
textbooks,  to  designate,  141. 

to  furnish,  142. 
title  to  lands  vested  in,  107-8. 
trustees,  powers  of,  73. 
of    union    school    district,    election, 

34. 
vacancies  in  office,  49. 

how  filled,  70. 
visitation  of  schools,  71. 
waterclosets,  to  provide,   70. 
See     also     Trustees;     Union     freo 
school  districts. 
Boards  of  supervisors,   see  Supervis- 
ors. 
Bond 

collector's,  44,  52-53,  54,  96,  120. 

recovery  of  money  on,  55. 
supervisor's,     for     school     moneys, 

80-81. 
treasurer's,  44,  52,  54,  120. 
Bonded  indebtedness,  charge  upon  en- 
larged district,  31. 
Bonds,  108-9,  109-10. 
legalizing,  296-300. 
rate  of  interest,  300-1. 
sale,  notice  of,  110. 

payment  of  proceeds,  51-52. 
sale  of  site  to  be  taken  as  security 
for,  106. 
Books 

bought     with     public     money,     ap- 
proval of,  218. 
forfeiture  of  grants,  217. 
subject  to  return  to  state,  218. 


Books  (continued) 

of  delinquent  libraries,  218. 

leans,  11. 

penalties  for  detention,  216-17. 

regents  may  buy  for  libraries,  218. 

standard  for  local  subsidies,  215. 
Books  and  apparatus,  apportionment 

for,  113,  114. 
Botanist,    state,   member    of   museum 

staflf,  12. 
Branch      institutions,      establishment 

restricted,  14. 
Branch  libraries,  214. 
Branch  schools,  establishment,  58. 
Brooklyn    schools,    anniversary    day, 

274. 
Building  for   Education   Department 

8. 
Buildings,  see  Schoolhouses. 
Bulletins,       publication       authorized, 

7-8. 
Business     corporations    law,     extract 

from,  302. 
Business  schools,  use  of  name  college, 

18. 

Census 

Indian   inhabitants,  170. 
school,   139-41. 

expenses,  how   paid,   112. 
Certificates 

issued     by     institutions     of     other 
states  or  countries,  regents  may 
fix  value  of,  11. 
protection  against  fraud,  18. 
See      also      Credentials;       Normal 
schools ;    Teachers'    certificates. 
Certified  public  accountants,   11,  385. 
Certified  shorthand  reporters,  386-87. 
Chancellor  of  university,  9. 
duties,  10. 

meetings,  to  call,  10. 
signature  to  reports,  7. 
Charters,  corporations 

business  corporations  law,  302. 
constitutional  provisions,   302. 
membership  corporations  law,  303. 
Charters    of    university    institutions, 
13. 
alteration  or  repeal,  14. 


392 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Charters    of    university    institutions 
{continued) 

conditions  of  granting,   13-14. 

library,  216. 

property  requirements,  13-14. 

provisional,  13. 

restrictions,  degree-conferring  pow- 
er, 18. 

surrender,  l-S. 

suspension,   13. 
Children,  unlawful  employment,  133- 
34,  279-91. 

See  also  Pupils;  School  age. 
Circulation,  subsidies  granted  on,  215. 
Cities 

apportionment  to.   111,   112,   113. 

deposit,    custody    and    payment    of 
moneys  in,   72. 

libraries,  214. 

property     in     trust     for     common 
schools,  118. 

school  district  for  purposes  of  ap- 
portionment,   117. 

supervisory  districts  shall  not  form 
part  of,  82-83. 

taxes,  corporate  authorities  to  levy, 
75. 

teachers'       training       schools       or 
classes,  151-52. 

treasurer    or    chamberlain,    certifi- 
cate of   apportionment  of  school 
moneys  to,   115-16. 
Civil     procedure,     code     of,     extract 

from,  275. 
Clerk,  see  District  clerk. 
Cobleskill,  state  school  of  agriculture 

at,  193-96. 
Code  of  civil  procedure,  extract  from, 

275. 
Collection  of  taxes,  see  Taxes. 
Collector 

bond,    44,    52-53,    54,    96,    120. 
recovery  of  money  on,  55. 

county   treasurer,    payment   of   tax 
to  collector,  98. 

custody  of  moneys,   54. 

disbursement   of  moneys,   78. 

district      treasurer,      payment      of 
moneys  to,   52,   54. 

election  in  common  school  districts, 
44. 


Collector   {continued) 
fees,  97. 
jurisdiction,  96. 

liability    of,    for    moneys    lost,    54. 
payment  of.  moneys,   120. 
railroad  companies,  assessment  and 

tax,  97. 
receipt  for   taxes,   269. 
removal  of,  26. 

reports    of    receipts    and    disburse- 
ments, 54. 
in  each  school  district,  47. 
school  ofiieer,  6. 
taxes,  notice  of  receiving,  96-97. 

unpaid,    return   of,    99. 

warrants  for  collection  of,  95-96. 
teachers'   fund,   to   disburse,   53. 
trustee,  may  not  hold  office  of,  47. 

not    to    draw    on    for    teachers' 
wages  unless  record  is  verified, 
123. 
in  union  free  school  district,  53-54. 
vacany  in  oflice,  49. 

how  filled,  50. 
Colleges 
defined,  5. 

degree-conferring  power,    13. 
incorporation,    conditions   of,    13. 
name,  use  of,  18. 
trusts,  may  hold,  308,  310. 
water-works     and     sewer     systems, 

may  construct,  22-23. 
Colonial  history,  extra  copies,  212^13. 
Colored  children,  schools  for,  165. 
Columbus  day,   113,  274. 
Commissioner  of  education,  5,  23-27. 
academy,    approval    of   adoption   as 

academic    department,    73. 
affidavits,  maj'  take,  25. 
agriculture,  schools  of,  supervision, 

24. 
appeals  or  petitions  to,  162-64. 
"appointment    of    officers    and    em- 
ployees, 7. 
Arbor    day,    to    prescribe    exercises 

for,   147^8. 
assistant    commissioners,     appoint- 
ments, 7. 

may  take  testimony,  10. 

removals  and  suspensions,  7. 


INDEX  TO  EDUCATION  LAW  1910 


393 


Commissioner  of  education  (continued) 

boards    of    education,    election    dis- 
putes, to  decide,  65. 
may  order  new  election,  65. 
removal   from   office,   26,  68. 
supervision,  26. 

buildings,  new,  plans  and  specifi- 
cations must  be  approved  by, 
102-3. 

chief  executive  officer  of  state 
system  of  education  and  of  re- 
gents, 6,  24. 

city  schools,  supervision,  26. 

collector,    removal  of,    26. 

compulsory  education  law,  with- 
holding state  moneys  for  failure 
to  comply  with,   138-39. 

contingent  expenses,  decisions  on, 
conclusive,  75. 

contracts  between  school  districts 
for  education  of  pupils,  approval 
of,  125-26. 

deaf  and  blind,  institutions  for, 
duties  relating  to,  170-71,  172. 

district  clerk,   removal  of,  26. 

district  election  disputes,  determi- 
nation of,  65. 

district     superintendents,      appeals 
from  acts  of,  to  be  taken  to,  91. 
election  disputes,  to  decide,  91. 
examinations    in    agriculture,    to 

prescribe,  86. 
expenses,   may   audit   and   allow, 

87. 
to    perform     duties    of     another 
superintendent  when  requested 
by,  90. 
may  remove  from  office,  86,  88. 
reports,  90. 
to    report    testimony    in    appeal 

cases  to,  90. 
salary,   payment  of,   87. 
may  withhold  salary,  87. 
subject    to    rules    prescribed    by, 

91. 
vacancy  in  office,  duties  relating 
to,  87. 

district   treasurer,   removal   of,   26. 

Education  Department,  adminis- 
tration of,  25. 


Commissioner  of  education  {continued) 

election  by  regents,  24. 

elected  without  regard  to  place  of 
residence,  24. 

extension  of  educational  facilities, 
11. 

fines,  apportionment  of,  158. 

forms,  preparation  of,  25. 

home  making,  schools  of,  super- 
vision, 24. 

Indian  children,  duties  regarding, 
166,  169. 

industrial    and    trade    schools,    ap- 
portionment for,    128'-29. 
supervision,   24. 

inspection,  duties  relating  to,  13, 
24-25,  26. 

laws,  enforcement  of,  24. 

mechanic  arts,  schools  of,  super- 
vision, 24. 

normal  college,  control  of,  157. 

normal  school  diploma,  annulment, 
25. 

normal  schools,  powers  and  duties, 
25,   153,   154. 

oaths,  power  to  administer,  25. 

office  continued,  24. 

patriotic  exercises,  provision  for, 
146. 

penalty  for  falsely  claiming  to  rep- 
resent, 159. 

physiology  law,  duties  relating  to, 
144. 

powers  and  duties,  24-26. 

property  to  be  held  in  trust  for 
common  schools,  118. 

question  papers  for  Cornell  Uni- 
versity scholarships,  to  direct 
preparation,   186. 

registers,  blanks,  forms,  prepara- 
tion of,  25. 

removals  and  suspension,  7. 

reports,    to    the    legislature,    7-8. 
from    boards    of    education,    to 

require,  74. 
filed     with     county     clerk     and 
county  treasurer,  may  require, 
27. 
of  school  officers,  to  require,  26. 
of    school    trustees,    to    prescribe 
form  of,  69,  60. 


394 


IsEW    YORK    STATP:    EDrCATIOX    DEPARTMENT 


Commissioner  of  education  (continued) 
responsible   for   books,   records   and 

other  property,   25. 
responsible  for  seal,  25. 
rules  of   regents,   to  enforce,   26. 
salary,   24. 
school    commissioner,    removal    of, 

26. 
school  districts,  appeal  to  from  ac- 
tion of  meeting  altering,  30. 
minutes   of   meeting    to    organize 
union   seliool   to  be   filed   with, 
35. 
proceedings    of    meeting,     to    be 
notified  of,  36-37. 
school     libraries,     rules     regarding, 

219. 
school    library    moneys,    may    with- 
hold, 220. 
school  meetings,   special,  may  call, 
41. 
of    two    or    more    districts,    may 
order,  34. 
school       moneys,       apportionment, 
111-15. 
certificate  of  apportionment,  115- 

16. 
apportionment  of  money  for  non- 
resident pupils,    114. 
apportionment  withheld  for  fail- 
ure to  comply  with  physiology 
law,  145. 
withholding  of,   26. 
school  neighborhoods,  37-38. 
school  officers,   removal  of,  26. 
schoolhouses,  may  grant  use  of  for 
examinations  and  institutes,  104. 
seal,  7. 

signature  to  reports,  7. 
special    meeting    of    regents,    may 

call,  10. 
suits  or  proceedings,  to  enforce  de- 
cisions of,   160,  161. 
superintendent  of  schools,   removal 

of,  26. 
supervision  over  schools  and  insti- 
tutions,  24. 
supervisory  districts,    disputes    re- 
garding   formation    to    be    deter- 
mined by,  91. 


Commissioner  of  education  (continued) 
tax  list,  approval  of  amendment  of, 

96. 
teachers,  dismissal,   124. 

regulations    governing,     121. 
teachers,    to    keep    register    of,    25. 

salary,    may    authorize    payment 
in  certain  cases,  112. 
teachers'  certificates,  to  issue,   121. 

annulment,  25. 

endorsement,   121-22. 

may  revoke  for  refusal  to  teach 

physiology    and    hygiene,    144. 

teachers'  institutes,  duties  relating 

to,  148-49,  150. 
teachers'    retirement    fund,     duties 

relating   to,    201,    203,    204,    207, 

209. 
teachers'      training      schools      and 
classes,  apportionment  for,  117. 

duties  relating  to,    151. 
terra  of  office,  24. 
testimony,  may  take,  10. 
trade   schools,   supervision,   24. 
traveling    and    other    expenses,    al- 
lowance for,  24. 
trustee    of    Cornell    University,    25. 
trustees,  removal  of,  26. 
trusts,    supervision,    118. 

report  of  to,  119. 
union  school  district,  may  author- 
ize meeting  to  organize,  33. 

supervision,  26. 

vacancy    in   office   of    trustee,    to 
call  meeting  to  fill,  50. 
villages  and  union  free  school  dis- 
tricts,   to    determine    population 

of,  71,  112-13. 
visual     instruction,     provision    for, 

25-26. 
See  also   Education   Department. 
Commissioners,     school,     see     School 

commissioners. 
Common    school     districts,    see    Dis- 
tricts. 
Common  schools 

constitutional    provisions,    258. 
free  to  resident  pupils,   124. 
nonresident   pupils,    124. 


INDEX  TO  EDUCATION  LAW  1910 


195 


Common  schools  (continued) 

See    also    Districts ;     School    meet- 
ings. 
Comptroller 

school  moneys,  may  withhold  pay- 
ment of,  117. 
warrants  for  pajTnents,  115. 
Compulsory   education,    130-39. 

of  Indians,  167. 
Compulsory  school  age,  defined,  6. 
Condemnation     of     land     for     school- 
house  sites,  107. 
Constitutional  provisions  relating  to 

education,  258-59. 
Contingent  expenses,  75. 
Contingent  fund  established,  111. 
Contracts 

between  school  districts  for  educa- 
tion of  pupils,  125. 

for  building  schoolhouses,  105. 

district    superintendent    not    to    be 
interested'  in,  88. 

for   library  privileges,   214. 

officials  not  to  be  interested  in,  278. 

school  trustees  not  to  be  interested 
in,  61. 

teachers,  123. 
Conveyance  of  pupils,  45-46. 
Cornell  University,  181-90. 

commissioner  of  education,  trustee 
of,  25. 
Corporal   punishment,  276. 
Corporate   authorities   to   levy   taxes, 

7'5-76. 
Corporations 

bequests  to,  306^-14. 

dissolution,  305-6. 

incorporation    by    special    act    for- 
bidden, 302. 

management,  305. 

property  holding,  304. 

receiver,  305-6. 

stock,  302,  303-4. 

See  also  Charters. 
Costs  in  actions  by  or  against  school 

officers,  160. 
Counterfeiting  credentials,  18. 
Counties,  grants  of  property  to,  for 

common  schools,  118. 
Country  life  advancement,  301. 


County  clerk 

district    superintendent,    duties    re 
lating  to  election  of,  85. 
to  file  trustees'  reports  and'  sup- 
erintendents'    abstracts     with, 
90. 
to  forward  certain  reports  to  com- 
missioner of  education,  27. 
school    moneys,    certificate    of    ap- 
portionment to,  115-  i6. 
supervisory  districts,   duties  relat- 
ing to  83. 
County  judge,  appeal  to,   161-62. 
hearing  before,  162. 
tax   for   costs   in   actions,   to  com- 
I^el  districts  to  levy,  160,  161. 
County  law,  extract  from,  294. 
County  libraries,  214. 
County  treasurer 

certificates    relating    to    apportion- 
ment, to  send  to  commissioner  of 
education,  27. 
fines,  disposition  of,  159. 
penalty    for    disobedience    to    sub- 
poena, to  impose,  90. 
railroad    companies,    notice    to,    of 
assessment  and  tax,  98. 
payment  of  tax  to,  98. 
school   moneys,    annual    report    of, 
115. 
apportionment  to  be  certified  to, 

115-16. 
payments  of,  llo. 
payments  to,  statements  of,  116. 
supervisor's    bond,    duties    relating 

to,  80-81. 
tax  list,  transmission  to,  99. 
taxes,  payment  to  collector,  98. 
unpaid,  collection  of,  99-100. 
trustee      of      unclaimed      academy 
stock,   18. 
Course  of  study 
board's    of   education    to    prescribe, 

68. 
district      superintendents,       duties 

concerning,  89. 
trustees    to    prescribe    in    common 
schools,  57. 
Court  libraries,  221-36. 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Court  of  appeals 

order,    regarding    admission   of    at- 
torney, 325. 
rules   for   the    admission   of   attor- 
neys and  counsellors-at-law,  325- 
31. 
Court    of    appeals    judges'    law    lib- 
raries, 222. 
Court  of  appeals  libraries,  221-22. 
Credentials 

conferment  by  regents,   11. 
for  extension  work,  11. 
fraudulent,   18. 

Dannemora,     assessment     for     school 
purposes  of  certain  state  lands  in, 
101. 
Deaf  mutes,  instruction  of,  170-75. 
Decedent's   estate  law,  extract  from, 

306. 
Decisions,  appeals  from,  163-64. 
Definitions,  5-6. 

Degree-conferring      institutions,      re- 
striction of  number,  18. 
Degree-conferring  power,  restrictions, 

13-14,  18. 
Degrees 

charter  restriction,  13-14. 
conferment  by  regents,  11. 
issued     by     institutions    of     other 
states  or  countries,  regents  may 
fix  value,  11. 
protection  against  fraud,  18-19. 
provisional  charter  gives  no  power 
to  confer,  13. 
Degrees,  honorary,  conferment  by  re- 
gents,  11. 
Delinquent  and  dormant  institutions, 
exclusion   from   university   mem- 
bership, 12. 
suspension  of  charter,  13. 
Delinquent  libraries,  217,  218. 

books,   218. 
Dental  societies,  346^-47. 
Dentistry,  practice  of,  11,  345-55. 
Departments  of  university,  12. 
Detention  of  library  or  museum  prop- 
erty, 216-17. 
Devises,  see  Bequests. 


Diplomas 

conferment  by  regents,  11. 
conferment  restricted,  18. 
endorsement,  121-22. 
issued     by     institutions     of    other 
states  or  countries,  regents  may 
fix  value,  11. 
protection  against  fraud,  18. 
Directors,  see  School  directors. 
Dissolution 

of  academies,  15-18. 
of  corporations,  305-6. 
of  educational  corporations,  14-15. 
school  districts,  30. 
union     free     school     district,     re- 
stricted, 35. 
District    attorney,    fines,    report    and 

payment,  158-^59. 
District  clerk 
duties,  51. 
election,  in  common  school  districts, 

44. 
forfeiture  of  amount  of  moneys  lost 
by  neglect,  160: 
^notice  to  persons  elected,  48. 
oath,  teachers,  taken  by,  123. 
records  of  dissolved  district,  deposit 

of,  31-32. 
removal  of,  26. 
in  each   school   district,   47. 
school  meetings,  annual,  may  desig- 
nate place  of,  40. 
notice  of,  40. 
school   meeting,    special,   may   call, 

41. 
school  officer,  6. 

treasurer's  bond  filed  with,  52. 
trustee,  may  not  hold  office  of,  47. 
in  union  free  school  district,  53-54. 
vacancies  in  office,  how  filled,  60. 
District  collector,  see  Collector. 
District    libraries,    see    School    libra- 
ries. 
District  meetings,    see   School   meet- 
ings. 
District  officers,  see  School  officers. 
District  quota.  111,  116. 

district  entitled  to,   112-13,  126. 


INDEX  TO  EDUCATION  LAW  1910 


397 


District    superintendent    of    schools, 
82-91. 

affidavits,  may  take,   90. 

appeal  cases,  to  report  testimony 
in,  to  commissioner  of  education, 
90. 

appeals  from  acts  of,  91. 

commissioner  of  education,  subject 
to  rules  prescribed  by,  91. 

election,  84-85. 

expenses,  allowance  for,  87. 

may  act  for  another  district  super- 
intendent, 90. 

not  to  be  engaged  in  other  busi- 
ness, 88. 

not  to  be  interested  in  certain  busi- 
ness or  to  accept  rewards,  88. 

oath  of  office,  86. 

oaths,  may  administer,  90. 

office  created,  82. 

powers  and  duties,  88-90,  91. 

powers  of  school  commissioners,  to 
hold,  91. 

qualifications,  85-86. 

removal  from  office,  88. 

disqualifies  for  reelection  for  five 
years,  86. 

reports,  90. 

salary,  87. 

forfeiture  of,  87. 

subpcenas,  power  to  issue,  90. 

supervisory  districts,  82-84. 

teachers,  examination  and  licensing 
of,  90. 

term   of  office,    86. 

training  classes,   inspection   of,   89. 

vacancy  in  office,  86-87. 
how   filled,   87. 

See  also  School   commissioners. 
District  treasurer 

bond,  44,  52,  54,  120. 

compensation,  54. 

duties,  51-52. 

election  in  common  school  districts, 
44. 

payment  of  money  from  gospel 
funds,  120. 

removal  from  office,  26. 

in  each  school  district,  47. 


District  treasurer  (continued) 

school  moneys,  disbursements,  78. 
payment  to,  115. 

school  officer,  6. 

term  of  office,  44. 

trustee,  may  not  hold  office  of,  47. 
not    to    draw    on    for    teachers' 
wages  unless  record  is  verified, 
123. 

union  free  school  district,  53-54. 

vacancy  in  office,  49. 
how  filled,  50. 
Districts,  27-37. 

alteration,  29. 

apportionment,    112-13. 

boundaries,  correcting  records  of,  a 
district  charge,  88-89. 

consolidated,  property,  32. 

consolidation,  31. 

contracts  with  board's  of  education, 
in  other  districts,  125. 

dissolution,  30. 

dissolved       district,       deposit       of 
records,  31-32. 
sale  of  property,  32. 
to  exist  for  finishing  business,  31. 

existing  districts  continued,  28. 

formation  of  new  district,  29. 

formation,   re-formation,   31. 

joint  district,  dissolution  or  altera- 
tion, 30. 
formation,  29. 
number,  29. 

meetings,  39-46. 

number  and  description  of  dis- 
tricts, 29. 

records,  books,  district  property, 
50. 

supervision  by  commissioner  of 
education,  26. 

trust  funds,  118. 

union  school  district,  reorganiza- 
tion as  common  school  district, 
35. 

See  also  District  clerk;  District 
quota;  District  treasurer;  School 
meetings;  School  officers;  Super- 
visory districts;  Trustees;  Union 
free  school  districts. 


398 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Domestic   science,   see  Home  making, 

schools  of. 
Dover,  assessment  for  school  purposes 

of    certain    state    lands    in,    101. 
Duplicate  department  of  state  library, 
212-13. 

exchanges,  213. 

loans  of  books  from,  217. 

Education,   boards  of,   see  Boards   of 

education. 
Education  Department,  6-8. 

building,  8. 

under  direction  of  regents  and  com- 
missioner of  education,  6. 

divisions  of  department,  7. 

public   records   and    history,   317. 

management  and  supervision  of 
public  schools  and  educational 
work  of  state,  6. 

reports  to  the  legislature,  7-8. 

seal,  7. 
Education  fund,  259,  292-93. 
Educational    institutions 

incorporation,  13,  302. 

liquidation,   14-lo. 

penalties  for  detention  of  property, 
216-17. 

penalties  for  injuries  to  property, 
216. 

See  also  Gifts. 
Election  day,  113. 
Employees  of  Education   Department 

appointment,  7. 

removals  and  suspension,  7. 
Employees,     state,     salaries     payable 

twice  each  month,  292. 
Employment  certificates,  279,  285-87. 
Employment    of    children,    unlawful, 
133-34,  279-91. 

in  factories,  279-83. 

in  mercantile  establishments,  283- 
89. 

in  street  trades,  289-91. 
Employment  of  teachers,  see  Teachers. 
Endorsement  of  teachers'   certificates 

and  diplomas,  121-22. 
Entomologist,  state,  member  of  muse- 
um staff,   12. 
Enumeration,  see  Census. 


Evening  schools,  71. 

certificate,  135-36. 

required  attendance,  132. 
Examinations 

academic,  11. 

Cornell      University      scholarships, 
185. 

dental,  349. 

for  extension  work,   11. 

fraud  in,  19. 

law,  practice  of,  320,  326-27. 

medical,  336-38. 

nurses,  379-80. 

optometry,   381-82. 

pharmacy,  367-69. 

physiology  and  hygiene,  144. 

public   accountants,    385. 

regents,   law  authorizing,    11. 

shorthand   reporters,    386. 

state  certificate,   12'1. 

teachers,      regulations      governing, 
121. 

unlawful  acts  in  respect  to,  19-20. 

use    of    school    buildings    for,    104. 

veterinary  medical,  357-59. 

See  also  Teachers'  certificates. 
Exemptions  from  taxation,  259-62. 

for  building  schoolhouse,  95. 
Expenditures  of  school  moneys 

estimates   of,   74-75. 

limitation  upon,  72. 

vote  on,   108. 

to  be  by  ballot,  46. 
Extension  of  business  by  institutions, 

restrictions,  14. 
Extension    of    educational    facilities, 

5,  11-12. 

Factories,   employment   in,   279-83. 
False    personation    in    examinations, 

19. 
Fees 

for  admission  to  examinations,   11. 

collector's,  97. 

libraries,  assistance  to,  218. 

supervisor  and  town  clerk  in  cases 
of  district  alteration,  32-33. 

supervisors,  293-94. 


J        town  clerk,  53. 


INDEX  TO  EDUCATION  LAW  1910 


800 


Financial     provisions,    state     finance 

law,  292-93. 
Fines,  158-62. 

apportionment,   158. 

compulsory  education  law,  violation 
of,  133,  134. 

for  detention  of  property,  216-17. 

disposition  of,  158. 

in   case  of   joint  district,    159. 

examinations,   violation  of  law   re- 
•  lating  to,  19-20. 

fire  drills,  neglect  of,  147. 

Indian  children,  persons  employing 
unlawfully,  168. 

for  injuries  to  library  or  museum 
property,  216. 

notice  of  district  meetings,   failure 
to  serve,  42. 

payments  on,  116. 

report  and   payment,    158-59. 

teachers,    unqualified,    payment    of, 
122. 

voters,  for  false  declaration  or  un- 
authorized vote,  43. 

votes,   failure  to   record,   64. 

See  also  Penalties. 
Fire   drills,    146-47. 
Fire  escapes,  103-4. 
Flag,  display  on  school  grounds,  145- 

46. 
Forest,    fish    and    game    law,    extract 

from,  316. 
Forestry,    state   college   of,    at    Syra- 
cuse University,   198-200. 
Forms,  preparation  of,  25. 
Fraud  in  obtaining  credentials,  18. 
Fredonia  normal  school,   practice  de- 
partments in,  155. 
Free    public    libraries,    see   Public   li- 
braries. 
F'ree  tuition,  sec  Tuition. 
Fuel,  district  to  furnish,  44. 
Funds,  educational,  259,  292-93. 

See    also    Public     library    money; 

School  libraries;   School  moneys. 

Furniture,    schoolhouses,    44,    69,    70, 

89. 

General   business    law.    extract   from, 
385-87. 


General     construction     law,     extract 

from,  274. 
General      corporation      law,      extract 

from,   304-6. 
General  municipal  law,  extracts  from, 

296-301,  315. 
Geologist,   state,   member   of   museum 

staff,  12. 
Gifts 

authorized,  307-9. 

boards  of  education,  powers,  69. 

to  corporations,  306-14. 

libraries,  214. 

conditional    acceptance    of,    214- 
15. 

to  the  state  of  obligations  of   an- 
other state,  292. 

See  also  Bequests;  Trusts. 
Globes 

district  to  vote  tax  for,  44. 

loans,  11. 
Gospel    and    school    lots,    118-20. 

payment  of  proceeds  of  sale,  80. 

report  of  supervisor  regarding,  119. 

supervisors'  duties,  79. 
Gospel   funds,   apportionment,    119. 
Grants,  see  Bequests ;   School  moneys. 

j 
High  schools,  5. 
fligher  education  defined,  5. 
Historian,  state,  316-18. 
Historical    association,    incorporation, 

13. 
Holidays,  274. 

schools  not  to  be  in  session  on,  113. 
Home  making,  schools  of,   126-30. 

authority    of    board    of    education 
over,  128. 

estimates  and  appropriations.   129- 
30. 

state  aid  for,  128-29. 

supervision  by  commissioner  of  ed- 
ucation, 24. 

training  of  teachers,  130. 
Hours  of  labor  of  minors,   283-84. 

Income    from    trust    fund,    accumula- 
tion of,  311-14. 
Incorporation,  see  Charters. 


400 


NEW    YORK    STATE    EDUCATIOISr    DEPARTMENT 


Indebtedness,    see    Bonded    indebted- 
ness. 
Independence  day,  274. 
Indian  collection,  12. 
Indian  law,  extract  from,  315-16, 
Indian  reservation,  apportionment  for 

teachers.  111. 
Indian  schools,    165-70. 

teachers,  167. 
Indians 

compulsory  education,  167. 

education  in  normal  schools,  156. 
Indorsement  of   teachers'    certificates 

and  diplomas,   121-22. 
Industrial  and  trade  schools,  126-30. 

application  of  moneys,  129. 

estimates    and    appropriations    for, 
129-30. 

state  aid  for,  128-29. 

supervision  by  commissioner  of  ed- 
ucation, 24. 
Industrial  training  in  truant  schools, 

138. 
Injuries  to  property,  penalties,  216. 
Insanity   law,    extract    from,    314-15. 
Inspection 

of  common  school,  by  boards  of  ed- 
ucation, 71. 
by  commissioner  of  education,  26. 
by  district  superintendent,  88. 

deaf    and    blind,    institutions    for, 
170^71. 

industrial  and  trade  schools,  24-25. 

of  institutions,  authority  for,  24. 

libraries,  215. 

training  classes,  by  district  super- 
intendent, 89. 

university  institutions,  13. 
Inspectors  of  election,  64. 

common   school   districts,   48. 
Institutions   in  university,    12. 
Insurance 

normal  schools,  155-56, 

school  library,  57,  69. 

schoolhouses,  46,  57,  69. 

Joint  districts,  see  Districts. 
Judge,  see  County  judge. 


Judgments 

taxes  for  payments  of,  57. 

for   teachers'  wages,   how  satisfied, 
45. 
Judiciary  law,  extract  from,   319-24. 

Kindergartens,  71. 

Labor  day,  274. 

Labor   law,   extracts   from,   279-91. 

Lands,  state,  tax  on,  263-64. 

Lantern  slides,  loans,  11. 

Law  examiners,  rules,  331-33. 

Law,  practice  of,  319-33. 

Laws  repealed,  236-57. 

Lecturers,     extension,     regents     may 

designate,   11. 
Legislature,     members     may     borrow 

from  state  library,  212. 
Libraries,  211-20,  314-15. 

abolition,  218-19, 

branch,  214, 

charters,  13,  216, 

county,  214, 

establishment,  214,  315. 

gifts  to,  conditional  acceptance  of, 
214-15. 

inspection,  215. 

museum  collections,  215. 

neglect,  217. 

penalties,    for    detention    of    books, 
216-17. 

penalties,  for  injuries  to  property, 
216. 

property,  214. 

subject   to   return    to   state,   218, 

reports,  213,  216. 

state  hospitals,   314-15. 

subsidies,  215. 

taxes,  214,  215, 

transfer,  217. 

transfers  of  books  to  state  library, 
213. 

traveling,  217. 

trustees,  215-16. 

regents  may  remove,  217. 

Bee    also    Public    libraries;    School 
libraries;   State  library. 


INDEX   TO   EDUCATION  LAW   1910 


401 


Library  commission,  218. 

Library  fund,   215. 

Library  school,  authority  for,  218. 

Licenses,  protection  against  fraud,  18. 
See  also  Teachers'  certificates. 

Lincoln's  birthday,  113,  274. 

observance    in   public   schools,    146. 

Liquidation    of    edaieational     institu- 
tions, 14-15. 

Liquors  sold  near  schoolhouses,  294- 
95. 

Loans 

for  extension  work,  11. 

from  state  library,  212,  213,  217. 

i 

Manual  training  schools  not  entitled 

to    share   in   grants    for    industrial 

schools,   129. 
Manuscripts 

on  file,   part  of  state  library,  212. 

removal  from  state  library,  212. 

transfer  to  state   library,  213. 
Maps 

district  to  vote  tax  for,  44. 

loans,  11. 

transfer  to  state  library,  213. 
Mechanic   arts,   schools  of,    126-30. 

authority    of    board    of    education 
over,    128. 

estimates  and  appropriations,  129- 
30. 

state  aid  for,  128-2&. 

supervision  by  commissioner  of  ed- 
ucation, 24. 

training  of  teachers,    130. 
Medical  inspection  of  school  children, 

71. 
Medical  library,  212. 
Medicine,  practice  of,  11,  334-45. 
Meetings,   see   School   meetings. 
Membership  corporation  law,  extract 

from,  303. 
Memorial  day,   146,  274. 
Mercantile     establishments,     employ- 
ment in,  283-89. 
Messengers,  hours  of   labor,  284. 
Military    drill    excluded    from    public 

schools,  146. 


Moneys,  see  Library  fund;  Public  li- 
brary money;    School  moneys. 

Morrisville,     state     school     of     agri- 
culture at,  196-98. 

Mortgage,  sale  of  site  to  be  taken  as 
security  for,   106. 

Municipal    bonds,    maximum    rate    of 
interest,  300-1. 

Municipal  corporations  may  establish 
libraries,  214. 
See  also  Cities. 

Museums,  213-14. 
collections,  215. 
incorporation,   13. 

municipal    corporation    may    estab- 
lish, 315. 
penalties,  for  detention  of  property, 
216-17. 
for  injuries  to  property,  216. 
reports,  216. 
See  also  State  museum. 

Names,  use  of  name  college  or  uni- 
versity,  18. 

Names  of  institutions,  change  of,  14. 

Natural  history,  extra  copies,  212-13. 

Negroes,  schools  for,  165. 

Neighborhoods,     school,     see     School 
neighborhoods. 

New   York    city,    payment   of    school 
moneys  to,  115. 

New  York  State  College  of  Agricul- 
ture,  188-90. 

New  York  State  Normal  College,  con- 
trol of,  157. 

New     York     State     School     for     the 
Blind,    176-81. 

New  York  State  Veterinary  College, 
187-88. 

Newsboys,     permit    and     badge    for, 
289-91. 

Night  schools,  71. 

required   attendance,    132. 

Nonresident     pupils,     apportionment 
for  tuition,  114. 
tuition,  70,  114,  124. 

Normal  schools,  152-58. 

admission    requirements,    154-55. 
courses  of  studv,   154. 


402 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Normal   schools    {continued) 

diploma,  154. 

commissioner    of    education    may 

annul,  25. 
endorsement,  12*2. 
qualifies  for  teaching,   121. 

grants  and  bequests,    156. 

Indian  youth  in,  156. 

insurance,  155-56. 

local  boards,    153,   154. 
defaulting,  154. 

physiology  and  hygiene,  instruction 
in,   144. 

policemen,  special,  155. 

principal,  duties  relating  to  physi- 
ology law^  145. 

secretary,  salary,  153. 

supervision  by  commissioner  of  ed- 
ucation, 25. 

teachers,  154. 

treasurer's  bond,   153. 

salary,   153. 
Nurses,  registration,  11,  379-80. 

Oaths 

commissioner     of     education     may 
administer,    25. 

district    superintendents    may    ad- 
minister, 90. 
Observatories,  trusts  for,  308,  310. 
Officer  of  institution,  ineligible  as  re- 
gent, 9. 
Officers  of  Education  Department 

appointment,  7. 

removals  and  suspensions,  7. 
Officers  of  university,  9-10. 
Officers,  see  also  School  officers. 
Onondaga    nation,    wampum    keeper. 

315. 
Optometry,  practice  of,  11,  380-85. 
Organization  tax,  303-4. 
Orphan  schools,   164-65. 

apportionment  to.  111. 
Osteopathy,    license   to   practice,   338. 

Paid  help  from  state  library,  218. 
Paleontologist,  state,  member  of  mu- 
seum staff,  12. 
Papers,  see  Manuscripts. 
Parental  relation  defined.  5. 


Patriotic   exercises,    146, 

Penal  provisions    relating    to   schools 

and  school  officers,  276^79. 
Penalties 

children,  unlawful  employment,  134. 

commissioner  of  education,  regents 
or  other  school  officer,  falsely 
claiming  to  represent,  159. 

compulsory  education  law,  viola- 
tion of,  133,  134. 

dental  law,  violations  of,  353-55. 

fire  drills,  neglect  of,  147. 

forfeiture  of,  for  neglect  to  sue  for, 
160. 

fraudulent  credentials,  18-19. 

Indian  children,  failure  to  send  to 
school,  168. 

for  injuries  to  property,  21'6. 

medical   law,  violations  of,  344—45. 

notice  of  school  meetings,  failure 
to  serve,  42. 

pharmacy  law,  violations  of,  375- 
77. 

school  officers,  refusal  to  make  re- 
port, 41. 
refusal  to  serve  or  perform  duty, 
49. 

subpoena,   disobedience   of,   90. 

suits  for,  160,  161. 

supervisors'  refusal  to  give  bond, 
81. 

teachers,    failure    to   complete   con- 
tract,  123. 
unqualified,  payment  of,  122. 

teachers'  institutes,  failure  to  at- 
tend or  close  schools,  150. 

textbooks,  law  concerning,  142. 

trustee,  failure  to  account,  60. 

veterinary  medical  law,  violations 
of,  362. 

voters,  false  declaration  or  unau- 
thorized vote,  43. 

See  also  Fines. 
Pensions,  teachers,  200-10. 
Personal     property,     bequests     other 
than     money    or     securities    ex- 
empt, 314. 

law,  extracts  from,  307-9,   311-12. 
Petitions   to   commissioner   of   educa- 
tion, 162-64. 


INDEX  TO  EDUCATION  LAW  1910 


403 


Pharmacy,  practice  of,  11,  363-78, 
Photographs,  see  Pictures. 
Physiology   and  hygiene,   142-45. 

examinations  in,  144, 

instruction  of  pupils  in.  57,  69. 
Pictorial   or   graphic   representations, 

25-20. 
Pictures 

apportionment  for,  113. 

loans,  11. 
Pipe     line     companies,     apportioning 

valuation,  270. 
Poll-list   in   common    school    districts. 

48. 
President  of  college,  ineligible  as  re- 
gent, 9. 
Principals  of  schools 

fire  drills,  to  maintain,   146. 

ineligible  as  regent,  9. 
Professional  schools,  5. 
Professions,  practice  of,  11,  319-87. 
Professorships,  trusts  for,  30S,  310. 
Property 

of  abandoned  district  library,  220. 

corporations,  304. 
extinct,  14. 

library,  control  by  regents,  217. 
of  transferred  library,  217,  219- 

20. 
subject  to  return  to  state,  218. 

penalties  for  injuries  to,  216. 

school  district,  consolidated,  32. 

to    be    held    in    trust   for    comm<Hi 
schools,  118. 

See    also     Gifts ;     Real     property ; 
School     property;     Taxes;  Trus- 
tees; Trusts. 
Provisional  charters,  13. 
Public  accountants,  11,  385. 
Public    documents    part    of    state    li- 
brary, 212. 
Public     health     law,    extracts    from. 

273-74,   334-85. 
Public  holidays,  274. 
Public  libraries,  213-14. 

abolition,  218-19. 

advice   and   instruction   from    state 
library,  218. 

delinquent  libraries,  217,  218. 

forfeiture  of  state  grants,  217. 


Public   libraries    (continued) 

formed   from   school   libraries,   217, 

219,  220. 
free  to  residents,  216. 
gifts  to,  conditional  acceptance  of, 

214-15. 
incorporation,  216. 
municipal    corporation   may   estab 

lish,  315. 
penalties    for    detention    of    books, 
2il&-17. 
for  injury  to  property,  216. 
reports,  213,  216. 
school  library  property,  transfer  to, 

220. 
taxation,  214,  215. 
transfers  of  books  to  state  library, 

213. 
trustees,   215-16. 
Public  library  money,  apportionment, 
218. 
forfeiture  of  grants,  217. 
return  to  state,  218. 
Public  money,  see  School  moneys. 
Public    records,    supervisor    of,    office 

created,  316-18. 
Public     school     teachers'     retirement 

fund, • 202-10. 
Pupils,    120-24. 

See  also  Children;  Nonresident  pu- 
pils. 

Railroad  companies 

taxation,  97-98. 

apportioning  valuation,  270. 
Reading-rooms,   214. 

penalties    for    detention    of    books, 
216-17. 
for  injuries  to  property,  216. 
Real  property,  acquisition  for  school 

purposes,   107. 
Real     property    law,    extracts     from, 

309-11,  312-14. 
Receivers  of  corporations,  305-6. 
Record    books,     teachers    responsible 

for,  122. 
Records 

boards  of  education,  74. 

copies  of,  authenticated  by  seal,  7. 


404 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Records  {continued) 

on  file,  part  of  state  library,  212. 
public,  supervisor  of,  office  created, 

316-18. 
removal  from  state  library,  212. 
school  officers,  district  property,  50. 
Recreation  grounds,  69. 
Reference  books  of  abandoned  district 

libraries,  220. 
Regents 

absences,  10. 

charters,  may  grant,  13. 

may  alter  or  repeal,  14. 

may  suspend,  13. 
colleges   or    universities,    power    to 

regulate  name  of,  18. 
commissioner    of    education,    chief 
executive  officer,  24. 

election  of,  24. 
constitutional  provisions,  258-59. 
court  of  appeals  libraries,  duties  re- 
lating to,  221-22. 
defined,  5. 

departments,  may  establish,  12. 
dissolution  of  institutions,  powers, 

15. 
duplicate    department,    charge    of, 

212-13. 
election,  9. 

examinations,  may  establish,  11. 
extension  of  educational  facilities, 

11. 
ineligibility,    9. 

inspection  of   institutions,    13. 
institutions   in   university,   powers, 

12. 
legislative  power,   10. 
libraries,    abolition    of,    dutic'^   re- 
garding, 219. 

approval  of  transfer,  217. 

books  for,  may  buy,  218. 

charters,  may  grant,  216. 

gifts,     approval     of     acceptance. 
214-15. 

property,  control  of,  217. 

reports,  to  submit,  216. 

for  state  hospitals,  314-15. 

trustees,  may  remove,  217. 
manuscripts   and   record's,   to   make 

available,  212. 


Regents  (continued) 

meetings,   10. 
quorum,  10. 

no  "  ex-officio  "  members,  9. 

number,  9,  259. 

oath  of  office,  10. 

officers,  9-10. 

penalty  for  falsely  claiming  to  rep- 
resent, 159. 

powers,  7,  9,  10,  11,  259,  317. 

professions,  supervision  of,  11. 

property  to  be  held  in  trust  for 
common  schools,  118. 

rules,  commissioner  of  education  to 
enforce,  26. 
may  make,   10. 

seal,   7. 

senior  regent,  powers  in  vice-chan- 
cellor's absence,  10. 

state  library,  control  of,  212. 

state  normal  college,  control  of, 
157. 

term  of  office,  9. 

testimony,  authority  to  take,  10. 

vacancies  in  office,  9. 

to  bie  reported  to  legislature,  10. 
Registers,  see  School  register. 
Registration   of   institutions,    11. 
Religious    instruction    in    theological 
seminaries,    exempt    from    state 
control,  10. 

»S'ee  also,  Sectarian  schools. 
Reports 

board  of  education  to  make,  74. 

county  clerk  and  county  treasurer 
to  forward  to  commissioner  of 
education,  27. 

county  treasurer  to   render,    115. 

district  superintendents,  90. 

from   university   institutions,    13. 
failure   to   report   causes   suspen- 
sion,  13. 
required  before  sharing  in  appor- 
tionment,   114. 

public  libraries,   213,   216. 

of  pupils  from  other  districts,  126. 

regulations   for   making,   25. 

school   library,  219. 

school  officers,  commissioner  of  ed- 
ucation to  require,  26. 


INDEX  TO  EDUCATION  LAW  1910 


405 


Reports    ( continued ) 

state  library,  213. 

state  museum,   12. 

trustees,   59-00,  90. 
Retirement  fund 

for  teachers  in  state  institutions, 
200-2. 

for  public  school  teachers,  202-10. 
Rockland      county,      assessment      for 

school  purposes  of   state  lands   in, 

101. 
Rules  of  regents 

amended,  suspended  or  repealed,  11. 

commissioner  of  education  to  en- 
force, 26. 

enactment,   10. 

violation  by  institutions,  causes 
suspension,  13. 

St   Lawrence   county,   taxation,   27 0-- 

73. 
St  Lawrence  University,  state  school 

of  agriculture,  190-92, 
Savings   banks    in    schools,   295-96. 
Schoharie  state  school  of  agriculture, 

193-96. 
Scholarships,   trusts   for,    308,   310. 
School  age,  124,  131. 

Indian  children,  167. 
School  authorities  defined,  6. 
School  commissioners 

acts  may  be  appealed  from,  163. 

Arbor  day,  duties  relating  to,  147. 

boards  of  education,  may  call  spe- 
cial election,  65. 

certification  of  teachers  by,   122. 

defined,  6. 

districts,  294. 

examinations  for  Cornell  Univer- 
sity scholarships,  duties  relating 
to,  185. 

forfeiture  of  amount  of  moneys  lost 
by  neglect,  160. 

physiology  law,  duties  relating  to, 
144. 

property  held  in  trust  for  common 
schools,   118. 

removal  of,  26. 

reports,  abstracts  of,  27. 


School    commissioners    {continued) 
school    districts,    apportionment   of 
moneys    collected    by    supervis- 
ors, 32. 
approval  of  proceedings  of  meet- 
ing   to    dissolve    union    school 
district,    36. 
designation  of  union  free  school 

districts,   35. 
dissolution  and  alteration,  29-31. 
dissolution  or  alteration  of  joint 

district,  30. 
division  of  union  free  school  dis- 
tricts, 36. 
formation,  29. 

meetings,  conditional  approval  of 
proceedings,  36. 
effect   of    veto    of   proceedings, 

36. 
minutes  of  meeting  to  organize 
union  school  to  be  filed  with, 
35. 
number   and   description,   29. 
school  meetings,  to  give  notice  of, 
39. 
special,  may  call,  41,  42. 
school    moneys,    apportionment    of, 
116. 
certificate    of    apportionment    to, 
116. 
school  neighborhoods,   37-38. 
school  officer,  6. 

school  officers,  may  accept  resigna- 
tion of,  49. 
resignation  filed  with,  49. 
schoolhouses,  condemnation  of,  104. 
estimates   of   erection,    104. 
may  request  use  of  for  examina- 
tions and  institutes,  104. 
supervisory    districts,    duties   relat- 
ing to,  83. 
teachers'     certificates,     may    grant 

and  revoke,   122. 
teachers'  institutes,  duties  relating 
to,  149. 
may  order  payment  of  expenses, 
150. 
training  classes,  supervision,  151. 


406 


NEW    YORK    STATE    Er>rCATIO:N^    DEPARTMEXT 


School    commissioners     (continued) 
trustee,  may  fill  vacancies  in  office 
of,  60. 

not  eligible  as,   47. 
See  also  District  superintendent  of 

schools. 
School    directors 
compensation,  84. 

district     superintendents,     election 
of,  84-85. 

filling  vacancy  in  office,  87. 
election,  84. 
oath,  84. 

term  of  office,  84. 
vacancies  in  office,  84. 

how  filled,   84. 
School  districts,  see  Districts. 
School  libraries 
abandoned,  220. 

apportionment  of  moneys   to,    113- 
14. 

may  be  withheld,  220. 
authority     to     raise     and     receive 

money  for,  219. 
district    superintendent    to    advise 

trustees    regarding    purchase    of 

books,  89. 
establishment,   214. 
existing    law    and    rules    continued 

in  force,  219. 
insurance,  57,  69. 
librarian,  70,  219. 
property,    transfer    to    free    public 

library,  220. 
public   libraries   formed   from,    217, 

219,  220. 
reports,  219. 

tax  for  establishment  of,  45,  219. 
trustee  may  not  be  librarian,  47. 
use  and  care,  219. 
School  meetings,  39-46. 

acts  may  be  appealed  from,   163. 
annual,  of  boards  of  education,  66. 

of   districts   re-formed    after   dis- 
solution, 41. 

notice  of,  40. 

time  and  place  of,  40. 
in  dissolved  district,   31. 
duty  to  attend,  42. 
first,  notice  of,  39. 


School  meetings   {continued) 

joint    district,    special    meeting    to 

act    regarding    dissolution,    30. 
neighborhood  meetings,   38. 
notice,  effect  on  proceedings  if  due 
notice  not  given,  42. 
penalty  for  failure  to  serve,  42. 
school  houses,    designation    of    site, 
106. 
to  consider  erection  of,   104-5. 
sale  of,  106. 
special  meeting,  call  by  school  com- 
missioner, 42. 
in  common  school  districts,  41. 
in  union  free  school  district,  42. 
to    transact    business    of    annual 
meeting,  41. 
taxes,  power  to  vote,   108-9. 
textbooks,   to  designate,   141. 
union     school     districts,     establish- 
ment, 33. 
dissolution     and     reorganization, 

35. 
establishment,      proceedings      of, 
34-35. 
voters,  qualifications,  42-43. 
See  also  Boards  of  education. 
School  moneys,  110-17. 

apportionment,   certificate  of,    116- 
16. 
certifying    and    paying,    manner 

of,  115. 
to  cities,  academies,  academic  de- 
partments   and    libraries,    113. 
by     commissioner    of     education, 

111-15. 
conditions     for    cities     and    dis- 
tricts,  112-13. 
county  treasurer  to  forward  cer- 
tificates relating  to,  to  Educa- 
tion Department,  27. 
errors  corrected  by  commissioner 

of  education,  112. 
for  industrial  and  trade  schools, 

128-29. 
by     school     commissioners,      32, 

116-17. 
to    union    school    districts    and 

cities,  117. 
when  payable,  116. 


INDKX    TO    EDUCATIOX   T.AW    1910 


407 


School  moneys  (continued) 
apportionment  (continued) 

■withheld    for    failure    to    comply 
with  physiology  law,    144. 
l>oards   of    education    may    borrow, 
70. 
reports  on,   74. 
comptroller  may  withhold  payment 

of,   117. 
custody  of,   51-52,   54. 
deposit,    custody    and    payment    in 

cities  and  villages,  72. 
disbursement  by  supervisors,  78-80. 

how  made,  52. 
of  dissolve<l  district,  37. 
expenditures,  estimates  of,  74-75. 
limitation  upon,  72. 
vote  on,  108. 

vote  on,  to  be  by  ballot,  46. 
forfeiture   of   amount  lost  by  neg- 
lect, 160. 
issuing  order  in  excess  of  available 

funds,  a  misdemeanor,  61. 
liability    of    collector    for    moneys 

lost,  54. 
losft  or  embezzled,  tax  for,  45. 
notice  of  non-payment,  60. 
payment    by    trustee    to    successor, 
60. 
to      unqualified      teachers      pro- 
hibited,   122. 
proceeds  from  sale  of  property  of 
dissolved  district,  disposition,  32. 
supervisor's  bond  for,   80-81. 

report   to   county   treasurer,    81- 
82. 
teachers     fund,     collector     to     dis- 
burse, 53. 
treasurer  custodian  of,  51-52. 
trustees,  report  on,  60. 

right  of  action  against  predeces- 
sor, 60. 
withheld    by  commissioner   of   edu- 
cation, 26. 
for  failure  to  comply  with  com- 
pulsory education  law,  138--39. 
for    noncompliance   with    law   re- 
garding    teachers'      institutes, 
150. 
See  also  Bonds;  Taxes. 


School  neighborhoods,  37-39. 
apportionment  to,   112. 
clerk  and  trustee,  duties,  38-39. 
meetings,  38. 
setting  off,  37. 
School  officers,  46-50. 
actions  against,  160. 

costs  in,  160. 

expenses  in  d'ef ending  suits,  tax 
for,  45. 
acts  may  be  appealed  from,  163. 
contracts,   not  to  be  interested  in, 

278. 
defined,  6. 
t        election,  44,  48. 

oath     of    office,     not    required     to 

take,  47. 
penal   provisions   relating   to,   276- 

79. 
penalties,  neglect  to  sue  for,  160. 

for  falsely  claiming  to  represent, 
159. 

for  refusal   to  serve  or   perform 
duty,  49. 
qualifications,  47. 
records,    books,    district    property, 

50. 
removal    by    commissioner    of   edu- 
cation, 2i6. 
removed   from   office,   ineligible   for 

one  year,  47. 
reports  required  of,  26,  41. 
resignation,  49. 

district  clerk  to   notify  trustees 
of,  51. 
term  of  office,  47. 

length  of,  when  elected  at  special 
meeting,  41. 
terms  of,  in  newly  created  districts, 

47. 
trustees  may  not  hold  office  of,  47. 
vacancies  in  office,  49. 

how  filled,  50. 
See  also  Collector;    District  clerk; 

District  treasurer;   Trustees. 
School  property 

application  of  funds  obtained  from 

sale  of,  37. 
exempt  from  taxation,  37. 


408 


NEW    YORK    STATE    EDUCATIOISr    DEPARTMENT 


School  record  certificate,  134-35,  2iS2, 

287. 
School  register,  verification  of,  123. 
School  trustees,  see  Trustees. 
Schoolhouses,  102-9. 

boards  of  education,  powers,  69. 
bonds,  108-9,  109-10. 
condemnation,  90,  104-5. 
custody  by  trustees,  57. 
erection,   102-3,   104-5. 
exempt  from  taxation,  37. 
exemptions  from  tax  for  building, 

95. 
fire  escapes,  103-4. 
fuel,  44,  70. 

furniture,  44,  69,  70,  89. 
hire,  purchase,  etc.,  44,  57,  69. 
insurance,  44,  57,  69. 
location,  102. 
outbuildings,  70,  105. 
plans    and    s-pecifications    of    new 

buildings   must   be   approved   by 

commissioner,  102-3. 
property   not   subject   to   taxation, 
37. 

title  vested  in  board  of  education, 
69. 
repairs,  44,  69,  89. 
repairs  and  appliances,  58. 
sale  of,  69,  106. 

school  district  meetings  held  in,  40. 
site,  bonds  for  purchase  of,  109-10. 

change  of,  106. 

condemnation  of  land  for,  107. 

designation,  44,  106. 

designation  without  vote,   106. 

purchase,  57,  69. 

sale  of,  69,  106. 

taxes  and  bonds,  108-9. 

title  to  lands,  vesting  in  boards 
of  education,  107-8. 

when  owner's  consent  necessary, 
107. 
taxes,  44,  103,  104r-5,  108-9. 
temporary     or     branch,     establish- 
ment, 58. 
use,    for    examinations    and    insti- 
tutes, 104. 

out  of  school  hours,  104. 
waterclosets,  70,  105. 
See  also  Taxes. 


Scientific   associations,   incorporation, 

13. 
Scientific  collections  made  by  museum 
staff,  12. 

of  birds,  birds'  nests  and  eggs,  per- 
mit to  make  collection,  316. 
Seal  of  regents  and  commissioner,  7. 

care  of,  25. 
Secondary  education,  defined,  5. 
Sectarian  schools,  no  state  aid  to,  259. 
Sewer     systems,     colleges    may    con- 
struct, 22-23. 
Shorthand  reporters,  certified,  386-87. 
Specimens,   transfer   to    state   library 

or  museum,  213. 
State  certificates 

examinations  for,  121. 

of  other  states,  endorsement,  122. 
State  finance  law,  extracts  from,  292- 

93. 
State  historian,  316-18. 
State  hospitals,  libraries  for,  314-15. 
State  lands,  taxes  on,  263-64. 
State  library 

advice       and       instruction       from 
officers,  218. 

borrowers,  212. 

building,  8. 

how  constituted,  211-12. 

department  of  university,  12. 

duplicate  department,  212-13. 

hours  of  opening,  212. 

loans,  212,  213,  217. 

manuscripts  and  records  on  file,  to 
receive,  212. 

receipts  from  sales  used  for,  213. 

reports,  213. 

subject  to  regents,  212. 

transfers  from  state  officers,  213. 
State  medical  library,  212. 
State  museum,  316. 

building,  8. 

collections  made  by  staff,  12. 

how  constituted,  12. 

department  of  university,  12. 

Indian  section,  12. 

report,  12. 

transfers  to,  213, 
State  officers 

may    borrow    from    state    library, 
212. 


INDEX  TO  EDUCATION  LAW  1910 


409 


State  officers   {continued) 

salaries,  payable  twice  each  month, 

292. 
transfers   of   books,    etc.,    to    state 
library,  213. 
State  publications 

certain,  in  regents'  charge,  212-13. 
extra  copies,  212-13. 
on  file,  part  of  state  library,  212. 
proceeds  of  sales,  213. 
State  schools  of  agriculture,  188-98. 
State  treasurer 

payments  of  school  moneys  by,  115. 
teachers'  institutes,  payment  of  ex- 
penses, 150. 
Statuary,  loans,  11. 
Stock  corporations,  302,  303-4. 
Street  trades,  employment  in,  269-91. 
SubpoBnas,  district  superintendent  to 

issue,  90. 
Subsidies 
library,  215. 
restrictions  of,  259. 
Suits,  see  Actions. 
Superintendents  of  schools 

certification  of  teachers  by,  122. 
examinations      for      Cornell      Uni- 
versity   scholarships,    duties    re- 
lating to,  18'5. 
physiology  law,  duties  relating  to, 

144. 
removal  of,  26. 
school  officer,  6. 
school  record  certificates,  issue  of, 

135. 
schoolhouses,   may    request    use    of 
for  examinations  and   institutes, 
104. 
teachers   schools  or   classes,   super- 
vision, 151-52. 
in'  villages   and  union   free    school 
districts,  71. 
Supervision  quota.  111,  112,  116. 
Supervisor    of    public    records,    office 

created,  316-18. 
Supervisors,  78-82. 

bond,  for  school  moneys,  80-81. 
refusal  to  give,  consequences  of, 
81. 
costs  in  actions  against,  160. 


Supervisors   (continued) 

deaf  and  blind,  duties  relating  to, 

172-74. 
decisions    may    be    appealed    from, 

163. 
district    superintendents,    may    in- 
crease salary,  87. 
duties,  78-80. 
fees,  32,  293-94. 

gospel  fund,  apportionment,  119. 
gospel    or    school    lots,    report    re- 
garding, 119. 
libraries,  contract  with,  214. 
property     in     trust     for     common 

schools,   118. 
school  districts,  alteration  proceed- 
ings,  to  sit   with   school   com- 
missioner and  town  clerk,  30. 
application  of  proceeds  of  sale  of 

property,  32. 
sale  of  property  of  dissolved  dis- 
trict, 32. 
school       moneys,       apportionment, 
duties  relating  to,  117. 
reports  to  county  treasurer,  81- 

82. 
to     sue     for     money     due     from 
school  officers,  32. 
supervisory  districts,   duties  relat- 
ing to,  83. 
taxes,  unpaid,  collection  of,  100. 

levy  of,  100. 
treasurer  to  demand  money  of,  52. 
trustee,  not  eligible  as,  47. 
trustees     not     to     draw     on     for 
teacher's  wages  unless  record  is 
verified,   123. 
valuation  of  taxable  property,  93- 
94. 
Supervisory  districts,  82-84. 

disputes  regarding  formation  to  be 
determined    by    commissioner    of 
education,  91. 
Supreme    court,    control    over    gifts, 

grants  and  devises,  307,  309. 
Supreme  court  libraries,  222-36. 
at  Binghamton,  228-29. 
Brooklyn,  224-25. 
Buffalo,  231-32. 


410  NEW    YORK    STATE    EDT 

Supreme  court  libraries    (continued) 
at  Delhi,  229. 

Elmira,  229-30. 

Joseph     F.      Barnard     memorial 
library  at  Poughkeepsie,  226. 

Kingston,  227. 

New  York,  224,  234-3.5. 

Newburgh,  225. 

Norwich,  230-31. 

Queens  county,  235-30. 

Saratoga,  227. 

Troy,  233-34. 

Utica,  227-28. 

White  Plains,  232-33. 
Syracuse  University,  state  college  of 
forestry  at,   198-200. 

Tax  law,  extracts  from,  259-70,  303- 

4,  314. 
Tax  list,  92. 

amendments,  96. 

filing  with  town  clerk.  100-1. 

transmission    to    county    treasurer, 
99. 

trustee  to  make  out,  56. 
Taxes,  91-102,  259-73. 

for    apparatus    and    textbooks,    44- 
45. 

appeals  on  refusal  to  levy  for  costs 
in  action,  161-62. 

assessment,  92. 

of  state  lands  in  Dannemora  and 

Wawarsing,   101-2. 
of  vacant  land,  94. 

banks,  264-68. 

boards  of  education  may  levy  with- 
out vote,  75. 

certification   by  trustees  of  collect- 
or's return,  99. 

collection,  2.68-69. 

collector,  fees,   97. 
jurisdiction  of,  96. 
notice,  96-97. 

corporate  authorities  to  levy,  75-76. 

costs    in     actions    by    or     against 
school  officers,  160. 

equalization   within  joint  districts, 
93-94. 


CATION    DEPARTMENT 

Taxes  (continued) 

exemptions  from,  259-62. 

tax  for  building  schoolhouse,  95. 

levying,  vote  to  be  by  ballot,  46. 

libraries,  214,  215. 

nonresident  pupils,  deducted  from 
charges  for  tuition,  124. 

outbuildings,  provision  for,  105. 

paid  upon  incorporation,  303-4. 

persons  working  land  on  shares  and 
vendees  in  possession  liable  to 
taxation,  95. 

})owers  of  annual  and  special  meet- 
ings to  vote,  108-9, 

property   of   certain   absentee   own- 
ers, liability  of,  95. 
to  be  assessed,  95. 

railroad   companies,  notice  to,   97- 
98. 
payment  by,  98. 

receipt  for,  269. 

for  record  book,  45. 

to  replace  moneys  lost  or  embez- 
zled, 45. 

in  St  Lawrence   county,    270-73. 

school  library,  45,  219. 

school  property  exempt  from,  37. 

schoolhouses,  44,  103,  104-5,  108-9. 
sites,  44. 

state  lands,  263-64. 

suits  for  recovery  of,  99. 

to  supply  deficiencies,  45. 

for  teacher's  salary,  70-71. 
payment  of  deficiency  in,  45. 
to  pay  judgments  on,  45. 

tenants'  right  to  charge  tax  to 
landlord,  95. 

textbooks,   for   purchase   of,    142. 

transfer  tax  on  devises  and  be- 
quests, exemptions,  314. 

trustees,  expenses  of,  60-61. 

unpaid,  collection  of,  99. 
levy  by  supervisors,  100. 
return  by  collector,  99. 

valuation,  ascertainment  of,  93. 
power   of   trustees  to   determine, 
93. 

vote  on,  75,  108-9. 


INDEX  TO  EDUCATION  LAW  1910 


411 


Taxes    (continued) 

warrant,  for  collection  of,  95-96. 
filing  with  town  clerk,  100-1. 
renewals  of,  96. 
Teachers.,  120-24. 

agencies,     district      superintendent 

not  to  be  interested  in,  88. 
of   agriculture,   mechanic  arts   and 

home  making,  130. 
attendance   at  institutes,    113,    150. 
contract  with,  123. 

penalty   for   failure  to   complete, 
123. 
dismissal,   124. 
employment,  57,  70,  89. 
examination  and  licensing  of,  90. 
fire  drill,  to  maintain.,  146. 
fund,  collector  to  disburse,  53. 
Indian  schools,  167,  168-69. 
for  industrial  and  trade  schools,  24. 
meetings,   called   by  district   super- 
intendent, 89. 
physiology    and    hygiene,    examina- 
tions in,  144. 
primary  and  grammar  schools,  121. 
qualifications,  120. 
quota.  111,  116. 

district  entitled  to,  112-13,  120. 
record  of  attendance,  to  keep,  134. 
books,  122. 
verification  of,  123. 
registers  of,  25. 
retirement  fund 

for  teachers  in  state  institutions, 

200-2. 
for  public  school  teachers,  202r-10. 
salaries 

apportionment     of     moneys     for. 

111.  117. 
commissioner    of    education    may 
authorize   payment    in   certain 
cases,  112. 
expenditures  for,  75,  78. 
issuing    order    for    in    excess    of 
available      funds,      a      misde- 
meanor, 61. 
payments  of,  116. 
by  trustees,  57. 

not  to  le  paid  until  record  is 
verified,  123. 


Teachers  ( continued ) 
salaries   {continued) 

payments  of  (continued) 

paid    for    attendance    at    insti- 
tutes,   150. 
payable   as  often   as   monthly, 

124. 
time   of   payment    in   contract, 

123. 
to    unqualified    teachers    pro- 
hibited, 122. 
tax  for,  45,  57,  70-71,  75. 
school  record  certificates,  issue  of, 

135. 
schools  for  colored  children,  165. 
trustees,  relationship  to,  124. 
See  also  Training  classes. 
Teachers'  certificates 

commissioner  of  education  to  issue, 
121. 
may  annul,  25. 
district  superintendent  may  grant, 

90. 
endorsement,  121-22. 
examination  for,  90,   121. 
local  authorities  may  issue,  122. 
prerequisite  to  employment,  121. 
registers  of,  25. 
regulations  governing,   121. 
revocation,  25,  90,  122. 

for  failure  to  complete  contract, 

123. 
for    failure    to    attend    institute, 

150. 
for    refusal    to   teach    physiology 
and  hygiene.  144. 
temporary,  121. 
Teachers'   institutes,    148-50. 

attendance   at,   penalty  for   failure 

of,  150. 
commissioner   of   education,    duties 

relating  to,  148-49,  150. 
expenses,  payment  of,  150. 
physiology  and  hygiene,  instruction 

in,  144. 
scliool  buildings  used  for,  104. 
scliool  commissioneis,   duties  relat- 
ing to,  149. 
schools  closed  during,  149-50. 


412 


NEW    YORK    STATE    EDUCATIOIT    DEPABTMENT 


Teachers'  licenses,  see  Teachers'   cer- 
tificates. 
Technical  schools,  5. 
Telegraph     oompunies,     apportioning 

valuation,   270. 
Telegraph     companies,     apportioning 

valuation,   270. 
Testimony,    authority    of    regents    to 

take,  10. 
Textbooks,    141-42. 
adoption,  89. 
boards   of   education    to   designate, 

68,  141. 
changes  in,  141-42. 
district  to  vote  tax  for,  45. 
free,  in  union  school  districts,  142. 
on  physiology,  143. 
Theological    seminaries,    religious    in- 
struction in,  exempt  from  state  con- 
trol, 10. 
Town  clerk,  76^78. 

collector's  bond,  to  file,  53. 
duties,  76-77. 
expenses,  77-78. 
fees,  32^33,  53. 

forfeiture   of  moneys   lost  by   neg- 
lect, 160. 
school  districts,  alteration  proceed- 
ings,  to  sit  with   school   com- 
missioner and  supervisor,  30. 
decision   regarding   alteration   to 

be  filed  with,  29. 
description      and      number     filed 

with,  29. 
minutes   of  meeting   to   organize 
union   school  to  be  filed  with, 
35. 
records    of    dissolved    district    to 
be  deposited  with,  31-32. 
taxlist    and     warrant     filed    with, 
100^1. 
Town  law,  extract  from,  293-94. 
Towns 

libraries,  214. 

property     in     trust     for     common 
schools,  118. 
Trade  schools,   126-30. 

application  of  moneys,  129. 
estimates  and  appropriations,  129- 
30. 


Trade  schools  (continued) 
state  aid  for,  12.8-29. 
supervision     by     commissioner     of 
education,  24. 
Training  classes,  150^52. 
apportionment  for,  117. 
inspection  by  district  superintend- 
ent, 89. 
physiology  and  hygiene,  instruction 
in,  144. 
Transfer  of  libraries,  217. 
Transfer  tax  on  devises  and  bequests, 

exemptions,  314. 
Traveling  libraries,  217. 
Treasurer,  see  County  treasurer;  Dis- 
trict treasurer ;  State  treasurer. 
Truant   officer,    school    officer,    6. 
Truant  schools,  137-38. 
Truants,  arrest  of,  136. 

in  Indian  schools,  arrest  of,  169. 
Trust  fund,  accumulation  of  income, 

311-14. 
Trustee,  defined,  5. 
Trustees,  65-61. 

of  academy,  may  dissolve  acfademy, 

15. 
account  books,  to  provide,  58. 
actions    by,    provisions   of    code    of 
civil  procedure,  275. 
against  predecessor,  60. 
costs  in,  160,  162. 
may  be  appealed  from,  163. 
apparatus,  expenditures  for,  58. 
application  of  moneys  from  gospel 

funds,  120. 
ballot  boxes,  to  provide,  48. 
boards  of  education  have  powers  of, 

73. 
body  corporate,  5o. 
bonds,  issue  of,  109-10. 
collector,  to  deliver  bond  to,  52-53. 

in  default,  remedy  against,  55. 
conclusions  of  two  valid,  56. 
condemnation  of  land,  107. 
conferences    with    district    superin- 
tendent, 89. 
contracts,  not  to  be  interested  in, 
61. 
with  trustees  in  other  districts, 
125. 


INDEX  TO  EDUCATION  LAW  1910 


413 


Trustees   (continued) 

conveyance  of  pupils,  may  contract 

for,  45-46. 
disbursements,  may  order,  52. 

of  teachers'  fund,  53. 
election,  47-48,  62-63. 

in  common  school  districts,  44. 
fire  drill,  duties  relating  to,  147. 
firjs  escapes,  construction,  104. 
forfeiture    of    amount    of    moneys 

lost  by  neglect,  160. 
ineligibility,  47. 
to  insure  school  property,  45. 
issuing  order  in  excess  of  available 

funds  a  misdemeanor,  61. 
meetings,  56. 

See  also  School  meetings, 
neglect  of  duty,  49. 
neighborhood  trustee,  report,  38. 
nuisances,  abatement,  90. 
number,  47. 

payment  to  successor,  60. 
penalty,  for  failure  to  account,  60. 

for      payment      of      unqualified 
teacher,  122. 
physiology  law,  duties  relating  to, 

144. 
powers  and  duties,  56-59. 

mode  of  exercise  of,  56. 
property  held  by,  55. 

in  trust  for  common  schools,  118. 
refusal   to  serve,   49. 
removal  of,  26. 

report    of    pupils    from    other    dis- 
tricts,  126. 
reports,  59-60,  90. 

filed  with  commissioner  of  educa- 
tion, 27. 
school  districts,  alteration  without 
consent  of,  29. 

consent  to  dissolution,  30-31. 

dissolved,  to  continue  in  office  to 
settle  unfinished  business,  31. 

notice  of  meetings  in  other  than 
village  districts,  to  give,  33. 

to  give  notice  of  meeting  to  or- 
ganize union  schools  in  two  or 
more  districts,  33-34. 


Trustees   (continued) 

school  districts    (continued) 

union     school    district,     to     call 
special  meeting  for  organizing, 
33. 
school     libraries,     appointment     of 

librarian,   219. 
school  meetings,  annual,  may  desig- 
nate place  of,  40. 
special,  may  call,  41. 

to  consider  question   of  build- 
ing schoolhouses,  104-5. 
school  moneys,   duties   relating  to, 

51-52,  60. 
school  officer,  6. 
school  officers,  may  fill  vacancies  in 

office  of,  50. 
schoolhouses,     abatement     of     nui- 
sances, 58. 
care  of,  58. 

contract  for  building,  105. 
furniture,  89. 

may  grant  use  of  for  certain  pur- 
poses, 104. 
not  to  levy  tax  for  unless  plans 
approved       by       commissioner, 
103. 
outbuildings,  provision  for,  105. 
repairs    and    appliances,    duties 
concerning,  58,  89. 
schoolhouses   or    site,   execution   of 
deed  for  sale  of,  106. 
to   sue   for   money   unpaid  upon 

security,    106. 
to  take  security  for  sale,  106. 
sole  trustee,  powers  and  duties,  55. 
tax    list,    transmission    to    county 

treasurer,  99. 
tax  list   and  warrant,    delivery   to 

town  clerk,  100^1. 
taxation  for  expenses  incurred  by, 

60-61. 
taxes,  for  certain  expenses,  to  levy, 
162. 
suits  for  recovery  of,  99. 
teachers,  contract  with,  123. 

relationship  to,  124. 
teachers'     institutes,     penalty     for 
failure    to    close    school    during, 
150. 


414 


NEW    YORK    STATE    EDUCATION    DEPARTMENT 


Trustees   {continued) 

temporary    or    branch    schools,    to 
provide,  58. 

terms  of  office,  47,  62-63. 

treasurer  to  deliver  bond  to,  52. 

vacancies  in  office,  49,  56. 
action  in  case  of,  56. 
how  filled,  50. 

See     also     Boards     of     education; 
School  meetings;  Taxes. 
Trustees  of  corporations 

application  for  dissolution  of  edu- 
cational corporations,  14-15,  305. 
Trustees  of  public  libraries,  215-16. 

regents  may  remove,  217. 
Trustees  of  university  institutions 

absences  from  meetings,  20. 

degrees  and  credentials,  may  grant, 
21-22. 

election,  20. 

executive  committee,  20. 

ineligible  as  regent,  9, 

meetings,  20. 

no  compensation,  21. 

number  and  quorum,  20. 

officers  and  employees.  21. 

powers,  20-22. 

property,  control  of,  21. 

property  holding,  20-21. 

removals  and  suspensions,  21. 

rules,  may  make,  22. 

seniority,  20. 

term  of  office,  20. 

vacancies,  20. 

women  eligible,  20. 
Trusts  for  schools,  118. 

authorized,  307-9. 

control  and  supervision,  118. 

limitation  of  bequest,  306. 

report  of,  to  commissioner  of  edu- 
cation, 119. 

See  also  Bequests;  Gifts. 
Tuition    of    nonresident    pupils,    70, 

114,   124. 

Union  free  school  districts 
apportionment  to,  111. 
board     of     education     to     control, 

69-70. 
clerk,  53-54. 


Union  free  school  districts  {continued) 
collector,  53-54. 
consolidation     of     other     districts 

•with,  restriction,  31. 
deposit,    custody    and    payment    of 

moneys,  72. 
dissolution,  30-31. 

restricted,    35. 
division,   of   dissolved   district,    36. 
establishment,   33. 
industrial  and  trade  schools,  127. 
laws  applying  to,  76. 
meeting,    regarding    reorganization 
as  common  school  district,  35. 

of  two  or  more  districts,  33-34. 
number    of    members   of    board    of 

education  in,  66-67. 
proceedings   of    meetings   to    form, 

34-35. 
school  district,  for  purposes  of  ap- 
portionment, 117. 
special  meetings,  42. 
supervision     by     commissioner     of 

education,  2i6. 
treasurer,    53-54. 
trustees,  47. 

vacancy  in  office,  how  filled,  50. 
See     also     Boards     of     education; 

Districts ;        School        meetings ; 

Trustees. 
Union  schools,  academic  departments, 

see  Academic  departments. 
United  States  deposit  fund,  218,  259, 

292-93. 
Universities,  5. 
incorporation,    13. 
use  of  name,  18. 
University  of  the  State  of  New  York, 

5,  8-23. 
in  constitution,  258-59. 
corporate  name  and  objects,  9. 
departments,  12. 
government,   9,   259. 
institutions  in,  12. 
management    and    supervision    by 

Education  Department,  6. 
objects,  9. 
powers,  9,  250. 

reports  to  the  legislature,  7-8. 
seal,  7. 


INDEX  TO  EDUCATION  LAW  1910 


415 


University  of  the  State  of  New  York 

{continued) 
use   of   term,   o. 
wainpiim      keeper      of      Onondaga 

nation,  315. 
Hee    also    Education    Department : 

Regents. 

Vacancies  in  office 

boards  of  e<lucation,  70. 

district  superintendent.  80-87. 

regents.  !). 

school   director,   84. 

school  officers,  49. 

school  trustee,  49,  50. 

trustee    of   university    institutions, 
20. 
Vaccination   of   school   children.   273- 
74. 

report  on,  59. 
Ventilation  of  sclioolhouses,   103. 
Veterinary  medicine  and  surgery,   11, 

355-^02. 
Vice-chancellor  of  university,  9. 

powers,  10. 
Villages 

deposit,    custody    and    payment    of 
moneys  in,  72. 

libraries,  214. 

taxes,  corporate  authorities  to  levy, 
75. 

union  school  districts  in,  notice  of 
organization,  33. 


\'isitation  of  schools,  see  Inspection. 
Visual     instruction,      provision     for, 

25-26. 
Voters 

challenges,  43. 

penalty  for  false  declaration  or  un- 
authorized vote,  43, 

powers,  43-46. 

qualifications  at  district  meetings, 
42-43.     ■ 

Wampum  keeper  of  Onondaga  nation, 

315. 
Warrants 

for  collection  of  taxes,  95-96. 

comptroller's,      for      pajTnent      of 
school  moneys,    115. 

filing  with  town  clerk,  100-1. 
Washington's   birthday,    113,   274. 

observance    in    public   schools,    146. 
Waterclosets,   70,   105. 
Water-works,  colleges  may  construct, 

22-23. 
Wawarsing,     assessment     for     school 

purposes  of  certain  state  lands  in, 

101-2. 
Witnesses,    subpoenas    to    compel    at- 
tendance of,  90. 
Women,   district  superintendents,  S'O. 

may  vote  at  school  meetings,  43. 


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